Flight Attendants' Association of Australia-Regional/Domestic Division

[2014] FWCD 4167

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Flight Attendants' Association of Australia – National Division
(R2013/459)
MR ENRIGHT	MELBOURNE, 27 JUNE 2014
Alteration of other rules of organisation.

[1] On 21 November 2013 the Flight Attendants' Association of Australia – National Division lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to the rules of the Flight Attendants' Association of Australia – National Division.

[2] The particulars set out alterations to rules 31(3) and 53(f) of the rules of the Flight Attendants' Association of Australia – National Division. The application was lodged as a consequence of an undertaking given by the organisation in connection with the alterations in R2013/401 approved by the Delegate to the General Manager on 29 October 2013 ([2013] FWCD 7926). The undertaking was signed by the Divisional Secretary and stated that the Division and the Secretary would “take all and reasonable steps to expeditiously process under the Division’s rules, as altered, further amendments to remove redundant references to rule 9(1)(c), and to expeditiously submit any such alterations made for certification as provided for under the rules”.

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

made under the rules of the organisation.
[2014] FWCD 4167

[4] 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 Flight Attendants' Association of Australia – National Division brought an application before the Fair Work Commission to alter its rules. The association sought to amend two specific rules, namely rule 31(3) and rule 53(f), in line with an earlier decision where alterations were approved in R2013/401. The application was submitted pursuant to an undertaking given by the association to make certain amendments to remove redundant references and to submit these changes for certification.

The primary legal issue for the court to determine was whether the proposed alterations complied with the Fair Work (Registered Organisations) Act 2009, the Fair Work Act 2009, modern awards, and enterprise agreements. Additionally, the court had to ensure that the changes did not contravene any legal principles. After reviewing the notice and declaration submitted by the association, the Delegate of the General Manager found that the alterations had been made in accordance with the association's own rules.

The Delegate was satisfied that the alterations complied with all relevant legislation and agreements, and that they were not otherwise contrary to law. Consequently, the Delegate certified the alterations under subsection 159(1) of the Fair Work (Registered Organisations) Act 2009. The decision was made based on the information presented and the assurances provided by the association that all necessary steps had been taken to process the alterations appropriately.

The final orders of the court certified the alterations to the rules of the Flight Attendants' Association of Australia – National Division, confirming their compliance with the relevant legal frameworks.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established