Maritime Union of Australia, the

[2013] FWCD 6914

[2013] FWCD 6914

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
The Maritime Union of Australia
(R2013/90)
MR ENRIGHT	MELBOURNE, 16 SEPTEMBER 2013
Alteration of other rules of organisation.

[1] On 28 June 2013 The Maritime Union of Australia (the MUA) lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to the rules of the MUA.

[2] The particulars provide for the insertion of new rules 50(e), 50(j), 54, 55, 56 and 57 into the rules of the MUA, and the insertion of additional definitions into existing rule 63 (to be renumbered as rule 67). 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 MUA.

[3] On 28 June 2013 further amendments to the Amendment Act were passed by Parliament. The Commission wrote to the MUA on 12 July 2013 to provide a summary of the changes, and advised that the MUA may wish to consider the implications of the further amendments upon the proposed alterations.

[4] On 22 July 2013 the MUA lodged a complete copy of the resolution of the National Council relating to the proposed rule amendments, which supplemented the documentation provided in the original notice lodged on 28 June 2013.

[5] On 2 September 2013 the Commission wrote to the MUA and advised that the proposed alterations appeared to be certifiable for the purposes of complying with the provisions of the Amendment Act, the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Registered Organisations) Regulations 2009.

[6] The correspondence of 2 September 2013 recommended the consideration of the MUA in relation to the further legislative amendments of 28 June 2013, and its impact upon the rulebook. In particular, it recommended altering the proposed rule 56(c) to encompass the new provisions of s.148C(2A) of the Amendment Act. Whilst this discrepancy did not affect the Commission’s ability to certify the proposed alterations, the Commission proposed that the MUA might wish to remove the unnecessary disclosure requirements from its rulebook.

[2013] FWCD 6914

[7] On 11 September 2013, Mr Padraig Crumlin, the National Secretary of the MUA lodged a written response to the Commission. Mr Crumlin advised that the MUA would consider lodging a further application for alteration of the MUA rules in reference to the abovementioned recommendation, subsequent to the certification of the current matter before the Commission.

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

[9] In his correspondence of 11 September 2013, Mr Crumlin also 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. Accordingly, the following corrections have been made:

	In proposed rule 67, the words “the Act” in the definition of “peak council” was corrected to “the Fair Work Act 2009”;
	In proposed rule 67, in the proposed definition of “relevant remuneration”, the word “by” was used to replace the word “of”;
	In proposed sub-rules 54(a)(i); 54(c)(ii); 54(d)(ii); 56(a)(i); 56(a)(ii); 56(b)(i) and 56(b)(ii), the new sub-rules were referenced by numbers rather than dot points;
	In proposed sub-rules 54(c)(ii) and 54(d)(ii), the words “for those Officers” was altered to state “for each of those Officers”;
	In proposed sub-rules 54(c)(ii) and 54(d)(ii), the word “Officers’” was altered to the word “Officer’s”.

[10] The correspondence of Mr Crumlin on 11 September 2013 did not provide consent for the Delegate to remove the proposed sub-rule 57(c) from the proposed alterations. Accordingly, sub-rule 57(c) of the rulebook provides transitional training requirements which mirror the provisions of s.154D(2) of the Amendment Act, as amended on 28 June 2013.

[11] 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.

[12] 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.

[2013] FWCD 6914

DELEGATE OF THE GENERAL MANAGER

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