Civil Air Operations Officers' Association of Australia, the

Case

[2015] FWCD 842

10 February 2015

No judgment structure available for this case.

[2015] FWCD 842

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
The Civil Air Operations Officers' Association of Australia
(R2014/214)
MR ENRIGHT MELBOURNE, 10 FEBRUARY 2015
Alteration of other rules of organisation.

[1]        On 4 September 2014 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 Civil Air Operations

Officers' Association of Australia.

[2]        The particulars set out alterations to Rules 7 and 44 of the rules of the organisation.

The alterations make changes to the Divisions of the Association, and to the Necessitous

Circumstances Fund.

[3]        Following discussions between Commission staff and the organisation, further

alterations to Rule 44, the Necessitous Circumstances Fund, were undertaken by the National

Executive of the organisation.

[4]        The changes to the fund include clarifying that no benefit is payable if the Committee

of Management views the facts are incomplete, that members need to advise the Association

in writing of events that might give rise to a claim as soon as practicable and consequential

renumbering.

[5]        I note that the alterations implement changes to the Divisions which take effect

immediately upon certification. The Divisions are the voting electorates for the Delegates to

National Executive. Based upon the information supplied by the organisation, the alterations

do not change the membership of the electorates and therefore do not have flow on effects to

any of the representatives of the Divisions within the organisation.

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

that both sets of alterations have been made under the rules of the organisation.
[2015] FWCD 842

[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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