Flight Attendants' Association of Australia
[2014] FWCD 7009
•20 October 2014
[2014] FWCD 7009
DECISION
| Fair Work (Registered Organisations) Act 2009 | |
| s.159—Alteration of other rules of organisation | |
| Flight Attendants' Association of Australia | |
| (R2014/48) | |
| MR ENRIGHT | MELBOURNE, 17 OCTOBER 2014 |
| Alteration of other rules of organisation. |
[1] On 26 March 2014 the National Division of the Flight Attendants' Association of Australia lodged with the Fair Work Commission a notice and declaration setting out particulars of an alteration to the rules of the Flight Attendants' Association of Australia.
[2] The particulars set out an alteration to Rule 41 of the rules of the Flight Attendants'
Association of Australia. The alteration provides a ranking order for National Divisional
Councillors.
[3] Rule 51(a) provides that the rules of the organisation may be altered by the Federal Council. Rule 51(f) allows a Divisional Council to alter the rules of the organisation only in a manner which affects that Division. The alteration was passed by the National Division Divisional Council. Although rule 41 applies to both the International Division and National Division of the organisation, the proposed alteration only affects the National Division and therefore, in my opinion, the provisions of rule 51(f) rather than 51(a) should be satisfied.
[4] On the information contained in the notice, I am satisfied the alteration has been made under the rules of the organisation.
[5] On 7 October 2014, Jo-Ann Davidson, Division Secretary of the National Division, gave consent, under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009, for the Delegate to make an amendment to the alteration for the purpose of correcting typographical, clerical or formal errors. Accordingly the following correction has been made:
The reference to new rule 41(1)(d)(3) be altered to read rule 41(d)(3)
[2014] FWCD 7009
[6] In my opinion, the alteration complies with and is not contrary to the Fair Work (Registered Organisations) Act 2009, the Fair Work Act 2009, modern awards and enterprise
agreements, and is not otherwise contrary to law. I certify accordingly under subsection
159(1) of the Fair Work (Registered Organisations) Act 2009.
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