Licensed Clubs’ Association of Australia, The
[2011] FWA 2579
•6 MAY 2011
[2011] FWA 2579 |
|
DECISION |
Fair Work (Registered Organisations) Act 2009
s.158(1) RO Act—Rules of organisations
Licensed Clubs’ Association of Australia, The
(D2011/2502)
SENIOR DEPUTY PRESIDENT KAUFMAN | MELBOURNE, 6 MAY 2011 |
Rules of organisation - Alteration of eligibility rules
[1] An application was lodged on 25 February 2011 by The Licensed Clubs’ Association of Australia (the Association) to alter their eligibility rules.
[2] The Association proposes that certain eligibility rules be widened to include registered clubs. This is in order to better describe its membership and to be consistent with the terminology used in the Registered and Licensed Clubs Award 2010 [MA000058].
[3] Notice of the application was published in the Commonwealth of Australia Gazette, Government Notices, GN 11, on 23 March 2011. Pursuant to reg 124 of the Fair Work (Registered Organisations) Regulations 2009 (the Regulations), objections can be lodged within 35 days of publication of the notice in the gazette, which was 27 April 2011 in this case. No objections were lodged.
[4] An alteration to the eligibility rules of an organisation does not take effect unless Fair Work Australia consents under s 158 of the Fair Work (Registered Organisations) Act 2009 (the Act). Therefore, the statutory requirements that pertain to a change in the eligibility rules need to be considered.
[5] As required by s 158(2) of the Act, I am satisfied that the alteration to the eligibility rules has been made under the rules of the Association. In this regard I have relied on the declaration of Mr Patrick Rogan, Chairman of the Licensed Clubs’ Association of Australia, contained in the application of 25 February 2011.
[6] As required by s 158(4) of the Act, I am satisfied that there is not another organisation to which the persons affected by the alteration to the eligibility rules could more conveniently belong or that would more effectively represent those members.
[7] Further, as required by s 158(7)(b) of the Act, I am satisfied that there is no serious risk of a demarcation dispute arising out of an alteration of the rules.
[8] I am satisfied that all the relevant requirements contained in the Regulations have been met.
[9] I therefore consent to the amendment of the eligibility rules as follows:
Rule 1 (“1 - Name and Industry”) is to be amended so that the second sentence will read:
“The industry for which the Association is formed is that embraced by the conduct of Registered and/or Licensed Clubs which are situated anywhere within the Commonwealth of Australia and its territories.”
This is instead of
“The industry for which the Association is formed is that embraced by the conduct of Clubs which are situated anywhere within the Commonwealth of Australia and its territories.”
Rule 4 (“4 - Constitution”) is to be amended so that it will read:
“The Association shall consist of an unlimited number of registered and/or licensed clubs which are or usually are as such employers.”
This is instead of
“The Association shall consist of an unlimited number of licensed clubs which are or usually are as such employers.”
Rule 5 (“5 - Membership”) is to be amended so that it will read:
“(a) Members must be a registered and/or licensed club.
Each applicant for membership shall be informed in writing of :-
(i) the financial obligations arising from the membership, and
(ii) the circumstances, and the manner, in which a member may resign from the Association.
...
(e) Upon acceptance as a member of the Association each club shall by majority decision of its Board of Directors or, where a member does not have a Board of Directors, the Committee of Management, decide upon and advise to the Association the name of an individual who shall be its representative at all Meetings of the Association and who may vote on behalf of such member.
(f) A member may from time to time by notice to the Association change its representative but such new representative shall not unless elected thereto in the manner herein provided for the election to that office be entitled to hold any office of his predecessor in the Association at the time of them ceasing to be a representative of such member.
This is instead of
“Each applicant for membership shall be informed in writing of :-
(i) the financial obligations arising from the membership, and
(ii) the circumstances, and the manner, in which a member may resign from the Association.
...
(e) Upon acceptance as a member of the Association each club shall by majority decision of its Committee of Management decide upon and advise to the Association the name of an individual who shall be its representative at all Meetings of the Association and who may vote on behalf of such member.
(f) A member may from time to time by notice to the Association change its representative but such new representative shall not unless elected thereto in the manner herein provided for the election to that office be entitled to hold any office of his predecessor in the Association at the time of his ceasing to be a representative of such member.
[10] Pursuant to s 158(9), the alteration of the eligibility rules takes effect from 13 May 2011.
SENIOR DEPUTY PRESIDENT
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