Clubs Australia - Industrial

The Fair Work Commission received a notice and declaration from Clubs Australia - Industrial (CAI) regarding alterations to its rules, specifically the addition of rule 26A. The amendments aimed to comply with the Fair Work (Registered Organisations) Amendment Act 2012, which mandated certain disclosures, expenditure policies, and officer training related to financial management. Rule 28 of CAI's rules stipulated that new rules must be made at a Special Meeting, but the amendments were made at an Annual General Meeting. The declaration by Mr Richard Tait, Executive Director of CAI, confirmed that all members received proper notice of the meeting and the alterations. The court had to determine whether CAI's failure to strictly adhere to the rules rendered the alterations invalid.

The court considered whether the non-compliance with rule 28 invalidated the alterations, focusing on whether strict compliance was necessary for validity. Drawing from Project Blue Sky and its application in Re: Australian Principles Federation, the court examined the language, scope, and object of rule 28 to assess whether non-compliance rendered the alterations ineffective. The court found that the object of rule 28 was to ensure members were properly notified and had the opportunity to be present at the meeting. Since the alterations were made at a meeting of members, and all members received proper notice, the court concluded that the procedural deviation did not invalidate the alterations.

The court certified the alterations as compliant with the Fair Work (Registered Organisations) Act 2009, the Fair Work Act 2009, modern awards, enterprise agreements, and other laws. The amendments were made for the purpose of complying with the Fair Work (Registered Organisations) Amendment Act 2012 and did not contravene any applicable laws. The alterations were certified during the transition period under the Amendment Act and would take effect on 1 January 2014. The court determined that the alterations were valid and certified them accordingly under subsection 159(1) of the Fair Work (Registered Organisations) Act 2009.