Finance Sector Union of Australia; Finance Sector Union of Australia; Finance Sector Union of Australia

Case

[2014] FWCD 510

28 January 2014


Details
AGLC Case Decision Date
Finance Sector Union of Australia; Finance Sector Union of Australia; Finance Sector Union of Australia [2014] FWCD 510 [2014] FWCD 510 28 January 2014

CaseChat Overview and Summary

The Finance Sector Union of Australia lodged a notice and declaration with the Fair Work Commission to alter their rules. The alterations included creating the new office of the National Assistant Secretary, removing the positions of the FSU National Directors, changing the date that National Enterprise Council members and National Enterprise Council Presidents of the RBA section and the Midsized Banks section took office, and clarifying the election process for the positions of General Section National President and General Section Local President. The alterations were made to comply with the Fair Work (Registered Organisations) Amendment Act 2012. The legal issues the court had to decide included whether the alterations were capable of certification and whether they complied with the Act and other relevant legislation. The court found that the alterations were capable of certification, and that they complied with the Act and other relevant legislation, with the exception of some omissions that the organisation had already remedied. The court also noted some discrepancies and typographical, clerical or formal errors, which had been corrected. The final orders were that the alterations were certified under subsection 159(1) of the Fair Work (Registered Organisations) Act 2009.
Details

Areas of Law

  • Administrative Law

  • Corporate Law & Governance

Legal Concepts

  • Jurisdiction

  • Statutory Interpretation

  • Alteration of Organisation Rules

  • Compliance with Legislation

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Cases Citing This Decision

4

Cases Cited

1

Statutory Material Cited

0

Ludwig v Harrison [1996] IRCA 97
Ludwig v Harrison [1996] IRCA 97