Independent Education Union of Australia

[2013] FWCD 9163

[2013] FWCD 9163

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Independent Education Union of Australia
(R2013/73)
MR ENRIGHT	MELBOURNE, 22 NOVEMBER 2013
Alteration of other rules of organisation.

[1] On 14 October 2013 the Independent Education Union of Australia lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to the rules of the Independent Education Union of Australia. This followed an earlier notice setting particulars of alterations lodged on 4 June 2013.

[2] The particulars provide for the insertion of new rules Schedule 1 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, the implementation of policies relating to expenditure and the mandatory training of officers with duties that relate to the financial management of the organisation.

[3] The organisation provides in rule 10(g) the Federal Executive may, by majority, vote at any time to effect an alteration of its rules and that any such vote for such purpose may be taken on such notice in such form to the members entitled to vote by the President or Secretary as is reasonably adequate to inform members of the question on which their vote is sought. The rule alterations complying with the provisions of the Amendment Act were passed by the Federal Executive through the procedure allowed by rule 10(g).

[4] I am satisfied that the Federal Secretary gave such reasonably adequate notice of the vote to the Federal Executive as is required by rule 10(g) because:

a) the amended rule alteration considered by the Federal Executive at a meeting on 2 October 2013 was substantially the same set of alterations that were considered and voted on by the Federal Council by 31 May 2013; and,

b) the Federal Executive received notice of these rule alterations to be considered at the 2 October 2013 meeting in email correspondence that included the agenda for the 2 October 2013 meeting on both 23 September and 26 September.

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

[2013] FWCD 9163

[6] The Amendment Act[1]provides that alterations to rules of an organisation for the purpose of making provision as required by the Amendment Act can be certified by the General Manager during a transition period which commenced on 29 June 2012. Any alteration to rules that is certified during the transition period, however, does not take effect until the date of certification or the commencement of Part 2 of Schedule 1 to the Amendment Act, whichever occurs later. Part 2 of Schedule 1 to the Amendment Act commences on 1 January 2014.[2]

[1]See Item 38 of Schedule 1 to the Amendment Act.

[2]See Section 2 of the Amendment Act.

[7] 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 as modified by item 38 of

Schedule 1 to the Amendment Act.

DELEGATE OF THE GENERAL MANAGER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR544831>