Clay Brick & Paver Association of New South Wales

[2019] FWCD 141

[2019] FWCD 141

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Clay Brick & Paver Association of New South Wales

(R2018/274)

MURRAY FURLONG MELBOURNE, 16 JANUARY 2019

Alteration of other rules of organisation.

1. On 7 November 2018 the Clay Brick & Paver Association of New South Wales (CBPA) lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to its rules.

1. The particulars set out alterations to the following rules of the Clay Brick & Paver Association of New South Wales:

1 – Introduction

3 – Membership

5 – Management

13 – Nomination and Election of Officers

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

1. The alterations to Rule 1.3, 3.5, 5.1, 5.6 and 13.7 are associated with the establishment of a new office of Secretary who shall be an Executive Officer and form part of the Committee of the CBPA.

1. The alteration to Rule 1.2 changes the address of the registered office of the organisation.

1. The alteration to Rule 5.6 changes the manner in which notice may be given of meetings of the Committee and how they may be called.

1. The alteration to Rule 13.2 provides that the relevant ballot for the collegiate election of the Executive Officers may be conducted by an attendance ballot in addition to a postal ballot and specifies the hierarchy of offices in such elections.

1. The alteration to Rule 13.3 specifies that the Returning Officer for elections for office within the CBPA shall be an officer of the Australian Electoral Commission whilst providing flexibility with regard to the election of non-office positions.

1. The alteration to Rule 13.7 clarifies the hierarchy of nominating for Executive Officers.

1. On 10 January 2019, Mr Nick Pezet 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 correction has been made:

·   Existing sub-rule 1.3(ff) shall be renumbered as sub-rule 1.3(gg)

1. 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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