Finance Sector Union of Australia

[2014] FWCD 7652

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Finance Sector Union of Australia
(R2014/19)
MR ENRIGHT	MELBOURNE, 3 NOVEMBER 2014
Alteration of other rules of organisation.

[1] On 5 February 2014, the Finance Sector Union of Australia lodged with the Fair Work

Commission a notice and declaration setting out particulars of alterations to the rules of the
Finance Sector Union of Australia.

[2] The particulars set out alterations to rule 69 of the rules of the Finance Sector Union of

Australia.

[3] These alterations were made to remedy omissions in the alterations made for the

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

Amendment Act 2012 (the Amendment Act) – [2014] FWCD 510. In the decision, I advised

that the omission of the rules to:

	include definitions that referred to branches;
	provide for the disclosures of the organisation to branches;
	require an officer to disclose remuneration received from a Board because the officer was nominated for the position by a branch of the organisation;
	require a branch officer to disclose remuneration received from a board because the officer was nominated for the position by the organisation; and
	provide for the disclosure to branches and members payments made to related parties of a branch

would need to be remedied by the organisation in order to ensure full compliance with the
provisions of the Amendment Act.

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

made under the rules of the organisation.

[5] On 31 October 204, Fiona Jordan, National Secretary of the Finance Sector Union of

Australia 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 corrections have
been made:
[2014] FWCD 7652

 in the particulars, changing the second reference to proposed rule change to sub-rule
69.1.12 to sub-rule 69.1.13; and
 in proposed rule 69.1.12 by deleting the words “or sub rule to 69.3.1”.
[6] 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Finance Sector Union of Australia sought approval from the Fair Work Commission to alter its rules, specifically Rule 69, to comply with the Fair Work (Registered Organisations) Amendment Act 2012. The alterations were intended to rectify omissions in a previous amendment that was aimed at ensuring compliance with the new legislative framework. The Union submitted a notice and declaration to the Commission detailing the proposed changes, which included definitions related to branches, disclosures to branches, and remuneration disclosures by officers nominated by branches or the organisation itself.

The legal issues before the court involved whether the proposed alterations to the Union's rules were in compliance with the Fair Work (Registered Organisations) Act 2009, the Fair Work Act 2009, and other relevant modern awards and enterprise agreements. Additionally, the court needed to determine if the alterations were otherwise lawful. The court considered the submissions from the Union and the corrections made to the proposed rule changes to address typographical and clerical errors.

Upon reviewing the submissions and the corrections made, the court found that the alterations complied with the relevant legislation and did not contravene any other laws. The court certified the alterations under the Fair Work (Registered Organisations) Act 2009, confirming that they were in accordance with the law and could proceed as intended by the Union. The court's decision provided the necessary approval for the Union to implement the changes to its rules.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

	in the particulars, changing the second reference to proposed rule change to sub-rule 69.1.12 to sub-rule 69.1.13; and
	in proposed rule 69.1.12 by deleting the words “or sub rule to 69.3.1”.