Civil Air Operations Officers' Association of Australia, the

[2015] FWCD 3529

[2015] FWCD 3529

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
The Civil Air Operations Officers' Association of Australia
(R2015/85)
MR ENRIGHT	MELBOURNE, 5 JUNE 2015
Alteration of other rules of organisation.

[1]        On 24 April 2015, the Civil Air Operations Officers' Association of Australia (the

organisation), lodged with the Fair Work Commission (the Commission) a notice and

declaration setting out particulars of alterations to the rules of the organisation.

[2]        The particulars set out an alteration to rule 44 of the organisation. Rule 44 is the

organisation’s Necessitous Circumstances Fund and the alteration affects payments in cases of

pre-existing conditions.

[3]        On the information contained in the notice and further information, I am satisfied the

alterations have been made under the rules of the organisation.

[4]        Regulation 126(1) of the Fair Work (Registered Organisations) Regulations 2009

requires an alteration of the rules of a registered organisation to be lodged within 35 days after

is made or within any additional period that the General Manager (or the Delegate of the

General Manager) may allow. The alterations were made by a resolution of the organisation's

National Executive during a meeting held on 19 March 2015 and lodged 36 days after the

alteration was made.

[5]        On 18 May 2015, Mr Daryl Hickey, President of the organisation, lodged a request for

an extension of time to lodge the notice of particulars.

[6]        Pursuant to regulation 126(1), I grant the organisation an additional period of time of

one day to lodge the notice of particulars. However, I note that it is incumbent on the

organisation to ensure lodgement of rule alterations to the Commission in a timely manner in

the future.
[2015] FWCD 3529

[7]        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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