Confederation of A.C.T. Industry

[2015] FWCD 1078

[2015] FWCD 1078

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Confederation of A.C.T. Industry
(R2013/120)
MR ENRIGHT	MELBOURNE, 1 APRIL 2015
Alteration of other rules of organisation.

[1]        On 31 December 2013 the Confederation of A.C.T. Industry (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. The alterations were made for the

purpose of complying with provisions of the Fair Work (Registered Organisations)

Amendment Act 2012 (the Amendment Act) regarding the rules of registered organisations.

[2]        The particulars set out alterations to rule 2 and insert new rules 6A, 54A, 54B, 54C

and 54D to the rules of the organisation.

[3]        Further information was sought from the organisation on 4 February 2014 regarding

the rule altering process. A request for consent to amend typographical, formal or clerical

errors was also requested. Furthermore, it was brought to the attention of the organisation that

an extension of time should be lodged in accordance with Regulation 126(1)(a) of the Fair

Work (Registered Organisations) Regulations 2009 (the RO Regulations), as the notification

was lodged outside the required 35 day period.

[4]        Throughout 2014, the Commission made continuous inquiries as to the progress made

by the organisation regarding this information. On 24 March 2015, a supplementary

declaration was lodged with the Commission.

[5]        Regulation 126(1) of the RO Regulations requires an alteration of the rules of a

registered organisation to be lodged within 35 days after the alteration is made or within any

additional period that the General Manager may allow. The notification was lodged with the

Commission on 31 December 2013, 188 days after the alterations were made by the

organisation on 26 June 2013.

[6]        Regulation 126(1) provides me with the discretion to allow any additional period for

lodgement of this notification. The words 'any additional period' do not import any constraint

on the time of or on the length of the additional period; it can be 'any', including the day that

the alteration is made. On 24 March 2015 an extension of time request was received from the

organisation. The organisation cited in its request that ‘the delay in notification was due to an

oversight by a staff member of CACTI’ as the reason for late lodgement.
[2015] FWCD 1078

[7]        I remind the organisation that compliance with statutory requirements is essential to

the proper functioning of registered organisations and I urge the organisation to carefully

consider its compliance performance. I am concerned that the organisation continually failed

to act on the repeated efforts of the Commission over a significant period to provide an

extension of time request, amongst other information, to expedite the process. For an

abundance of clarity, it is incumbent on the organisation in the future to ensure lodgement of

rule alterations to the Commission within the period required by the Regulations.

[8]        An extension of time under Regulation 126(1) is not as of right. In all the

circumstances and having considered the reasons for late lodgement for the purposes of this

application, I do not allow an additional period of 153 days. The organisation is currently in

breach of the requirements of Regulation 126 and as a result I now have to consider whether

to utilise my discretion under Regulation 126(3) to refuse to certify the alterations. I note that

the proposed alterations are legislative requirements under the Amendment Act and are non-

contentious, as well as in the interests of members. For all of these reasons I have determined

that despite non-compliance with Regulation 126(1) that I will not refuse to certify these

alterations for want of compliance with this Regulation.

[9]        On the information contained in the notice, I am satisfied the alterations have been

made under the rules of the organisation.

[10]      On 24 March 2015, Greg Castle, Chairman, 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:

 In proposed Rule 54B(3), ‘An organisation shall disclose’ is changed to ‘the

organisation shall disclose’.

[11]      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

[2015] FWCD 1078

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