Civil Air Operations Officers' Association of Australia, the
[2015] FWCD 842
•10 February 2015
[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.
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