Building Service Contractors' Association of Australia - Queensland Division, Industrial Organisation of Employers

[2014] FWCD 686

[2014] FWCD 686

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Building Service Contractors' Association of Australia - Queensland

Division, Industrial Organisation of Employers

(R2013/99)

MR ENRIGHT	MELBOURNE, 29 JANUARY 2014
Alteration of other rules of organisation.

[1] On 10 May 2013, the Building Service Contractors' Association of Australia - Queensland Division, Industrial Organisation of Employers (the organisation) lodged with the Fair Work Commission (the Commission) a notice setting out particulars of alterations to the rules of the organisation.

[2] The particulars set out alterations to rule 2.1 of, and the insertion of new rules 19.6, 29A, 29B, 29C and 29D into, the rules of the organisation. The alterations were made for the purpose of complying with provisions of the Fair Work (Registered Organisations) Amendment Act 2012 (the Amendment Act) regarding the rules of registered organisations. In particular, the alterations provide for specified disclosures, the implementation of policies relating to expenditure and the mandatory training of officers with duties that relate to the financial management of the organisation.

[3] On 27 August and 28 November 2013, the Commission wrote to the organisation requesting the lodgement of a declaration signed by an authorised officer in accordance with regulation 126(2) of the Fair Work (Registered Organisations) Regulations 2009 (the

Regulations) pertaining to the notice of particulars lodged, confirmation that a notice had

been published on the web site of the organisation in accordance with regulation 126(1)(b) of the Regulations and clarification regarding the insertion of new definitions of “office” and “officer” to be inserted into rule 2.1, the particulars of which were omitted from the notice of particulars lodged.

[4] On 16 January 2014, the organisation lodged a declaration signed by an authorised officer of the organisation in accordance with regulation 126(2) of the Regulations, confirmed that a notice had been published on the web site of the organisation noting that the notice of particulars was lodged with the Commission on 10 May 2013 and clarified that the new definitions of “office” and “officer” were to be inserted into rule 2.1.

[5] On the information contained in the notice, I am satisfied the alterations have been made under the rules of the organisation.

[2014] FWCD 686

[6]        On 16 January 2014, the organisation gave consent, under subsection 159(2) of the

Fair Work (Registered Organisations) Act 2009, for the Delegate to make various

amendments to the alterations for the purpose of correcting typographical, clerical or formal

errors. Accordingly the following corrections have been made:

 In the proposed alteration to rule 2.1, the reference to sub-rule 30B.1 in the

definition of “Declared Person or Body” was omitted and replaced with a reference

to sub-rule 29B.1

 In the proposed alteration to rule 2.1, the reference to sub-rule 30A.1 in the

definition of “Relevant Remuneration” was omitted and replaced with a reference to
sub-rule 29A.1.

[7] In my opinion, the alterations comply with and are not contrary to the Fair Work (Registered Organisations) Act 2009, the Amendment Act, the Fair Work Act 2009, modern

awards and enterprise agreements, and are not otherwise contrary to law. I certify accordingly

under subsection 159(1) of the RO Act.

DELEGATE OF THE GENERAL MANAGER

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