Local Government and Shires Association of New South Wales

[2015] FWCD 7496

[2015] FWCD 7496

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Local Government and Shires Association of New South Wales
(R2015/227)
MR ENRIGHT	MELBOURNE, 16 DECEMBER 2015
Alteration of other rules of organisation.

[1]        On 15 October 2015, the Local Government and Shires Association of New South

Wales (LGSANSW) lodged with the Fair Work Commission (the Commission) a notice and

declaration setting out particulars of alterations to the rules of the LGSANSW.

[2]        The particulars set out alterations to various rules of the LGSANSW.

[3]        On 1 December 2015, the Commission wrote to the LGSANSW advising that the

declaration attached to the notice of particulars did not contain an explicit statement that the

alterations were made in accordance with the rules of the LGSANSW and that the proposed

alteration to rule 49(a) appeared to be contrary to section 141(1)(c) of the Fair Work

(Registered Organisations) Act 2009 (the Act). The Commission further indicated that the

proposed alteration to rule 49(a) may be capable of being severed from the remainder of the

alterations set out in the notice of particulars.

[4]        On 14 December 2015, the LGSANSW filed a further declaration made by Mr Keith

Rhoades, President of the LGSANSW, on 11 December 2015 which explicitly states that the

alterations were made in accordance with the rules of the LGSANSW. The declaration further

provided that the LGSANSW consented to severing the proposed alteration to rule 49(a) from

the remainder of the alterations set out in the notice of particulars.

[5]        On the information contained in the notice, and the further declaration filed on 14

December 2015, I am satisfied the alterations have been made under the rules of the

organisation.

[6]        I am also satisfied that the proposed alteration to rule 49(a) is severable from the

remainder of the alterations set out in the notice of particulars in light of the principles set out

by the majority in Re Food Preservers’ Union of Australia (1998) 79 ALR 138.

[7]        In my opinion, the alterations, with the exception of the proposed alteration to rule

49(a), 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.

[2015] FWCD 7496

DELEGATE OF THE GENERAL MANAGER

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