Hair and Beauty Australia

[2014] FWCD 163

[2014] FWCD 163

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Hair and Beauty Australia
(R2013/63)
MR ENRIGHT	MELBOURNE, 8 JANUARY 2014
Alteration of other rules of organisation.

[1] On 4 December 2013 Hair and Beauty Australia (‘the organisation’) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to the rules of the organisation.

[2] The particulars provide for the insertion of new rules 55C, 55D, 55E and 59A into 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. In particular, the alterations provide for specified disclosures and the mandatory training of officers with duties that relate to the financial management of the organisation.

[3] On the information contained in the notice, I am satisfied the alterations have been made under the rules of the organisation.

[4] Sub-section 141(1)(ca) of the Fair Work (Registered Organisations) Act 2009

provides that the rules of an organisation must require the organisation to develop and implement policies relating to the expenditure of the organisation. The alterations did not include such a rule. This omission will need to be rectified as soon as possible in order for the organisation to fully comply with the provisions of the Amendment Act. Although a further alteration is necessary, the omission does not prevent the certification of the alterations that have been made.

[5] On 7 January 2014 the organisation 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. The words “persona” and “officer” where they appear in rule 59A have been amended to “person” and “office” respectively.

[6] In my opinion, the alterations comply with and are not contrary to the Fair Work (Registered Organisations) Act 2009 (the RO Act), the Amendment Act, 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 RO Act.

[2014] FWCD 163

DELEGATE OF THE GENERAL MANAGER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR546570>