Building Services Contractors Association of Australia, New South Wales Division

[2014] FWCD 1646

[2014] FWCD 1646

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Building Services Contractors Association of Australia, New South Wales

Division

(R2013/317)

MR ENRIGHT	MELBOURNE, 7 MARCH 2014
Alteration of other rules of organisation.

[1] On 17 June 2013 the Building Services Contractors Association of Australia, New South Wales Division (the organisation) lodged with the Fair Work Commission (the

Commission) a notice and declaration setting out particulars of alterations to the rules of the

Building Services Contractors Association of Australia, New South Wales Division.

[2] The particulars set out alterations to rules 1; 2; 5; 7; 18; 22; 35 of the rules of the Building Services Contractors Association of Australia, New South Wales Division.

[3] On 12 July 2013 the Commission wrote to the organisation to request an amended and signed declaration of an office holder, and to seek submissions in relation to the effects of the dual membership arrangements in the proposed new rule 5.3 and the proposed new Appendix 2. The Commission advised that such dual membership arrangements may be regarded as being oppressive, unreasonable or unjust, and thereby against the objects of the Fair Work (Registered Organisations) Act 2009 (the Act). The Commission also requested confirmation from the organisation about whether it considered notice was required to be sent to the members of the Executive Committee, and reference to the relevant rule relied upon.

[4] The organisation provided a written response to the Commission on 16 September

2013, indicating that the comments of the Commission in its correspondence of 12 July 2013
were noted, and that the organisation was seeking further advice in relation to this matter.

[5] On 9 December 2013 the Commission wrote to the organisation to enquire how the organisation would like to proceed with the notification.

[6] On 12 December 2013 the organisation contacted the Commission to advise that it intended to lodge an amended notification for this matter.

[7] On 19 December 2013 the organisation lodged an amended notification which excluded the previously proposed alteration to rule 5.3 of the rules of the organisation.

[8] On the information contained in the notices, I am satisfied the alterations have been

made under the rules of the organisation.
[2013] FWCD 3940

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

DELEGATE OF THE GENERAL MANAGER

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