Independent Education Union of Australia-Queensland and Northern Territory Branch

[2015] FWCD 1274

[2015] FWCD 1274

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Independent Education Union of Australia
(R2015/24)
MR ENRIGHT	MELBOURNE, 27 FEBRUARY 2015
Alteration of other rules of organisation.

[1]        On 12 February 2015 the Queensland and Northern Territory Branch of the

Independent Education Union of Australia (the Branch) lodged with the Fair Work

Commission (the Commission) a notice and declaration setting out particulars of alterations to

its rules.

[2]        The particulars set out alterations to rules 7.4 and 9.5 and the addition of new rule

20.11.
[3]	The alterations create an additional office of Assistant Secretary on the Committee of

Management of the Branch, to be elected by and from the Branch Executive. A transitional

provision provides that an election to fill the additional office will be held within three

months after certification and that the inaugural term of office of the additional Assistant

Secretary will cease at the scheduled election in 2016.

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

made under the rules of the organisation.

[5]        The initial resolution to alter the rules to create the additional office was made by the

Branch Executive on 31 October 2014 and was lodged with the Commission on 5 November

2014. Following advice from staff of the Commission that a transitional provision was

necessary if the Branch wanted to synchronise the term of the additional office with the

existing election cycle, the Branch passed a further resolution on 8 February 2015. On 12

February 2015, the Branch withdrew the original application and lodged the application

currently under consideration. The declaration and particulars of this application rely on both

the resolution made on 31 October 2014 and on 8 February 2015.

[6]        Regulation 126(1) of the Fair Work (Registered Organisations) Regulations 2009

requires an alteration of the rules of a registered organisation to be lodged within 35 days after

the alteration is made or within any additional period that the General Manager may allow.

Regulation 126(3) further provides that the General Manager may refuse to certify an

alteration to the rules of a registered organisation under subsection 159(1) of the Act if

regulation 126 is not complied with.
[2015] FWCD 1274

[7]        Although the application currently under consideration was lodged within 35 days of

the second resolution, it was lodged more than 35 days after the first resolution. Regulation

126(1) provides me with the discretion to allow any additional period for lodgement of the

notification. On this occasion, I am exercising my discretion to allow an additional period of

69 days beyond the end of the 35 day period in the case of the first resolution to alter the

Branch rules.

[8]        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

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