Master Builders' Association of New South Wales, the

[2014] FWCD 245

[2014] FWCD 245

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
The Master Builders' Association of New South Wales
(R2013/96)
MR ENRIGHT	MELBOURNE, 13 JANUARY 2014
Alteration of other rules of organisation.

[1] On 5 July 2013 The Master Builders' Association of New South Wales (the organisation) lodged with the Fair Work Commission (the Commission) a notice and

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

[2] The particulars provided for the insertion of a new rule 18A 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] On 28 June 2013 further amendments to the Amendment Act were passed by Parliament. The Commission wrote to the organisation on 12 July 2013 providing a summary of the further amendments, and advised that the organisation may wish to consider the implications of the changes upon the proposed alterations.

[4] On 24 October 2013 the Commission wrote to the organisation to outline further requirements for the proposed alterations and other specific issues identified by the Commission for consideration of the organisation. The Commission requested a submission by the organisation about whether the Regional and Sector Groups of the organisation were considered as branches, for the purpose of the required financial disclosures.

[5] On 20 November 2013 the organisation contacted the Commission to discuss and clarify the requirements for certification and to discuss arrangements for the further resolution of the organisation’s Committee of Management to alter the rules. In order to ensure that all requirements were fulfilled by the further resolution, and to thereby avoid further delays to certification of the matter, the organisation arranged to lodge a draft notice prior to the scheduled meeting of the Committee of Management, for review by the Commission.

[6] On 29 November 2013 the abovementioned draft notice was lodged by the

organisation. Amongst other amendments contained therein, the draft particulars provided that
the proposed new rule would be titled as rule 18B instead of rule 18A.

[2014] FWCD 245

[7] On 2 December 2013 the Commission sent correspondence to the organisation to

confirm that the draft application and draft amended proposed rules appeared to sufficiently
address the requirements and issues previously identified by the Commission.

[8] On 17 December 2013 the organisation lodged a formal amended notice based on the advice of the Commission. The amended notice included a submission addressing the structure of Regional and Sector Groups of the organisation, as previously requested by the Commission. The submission clarified that the Regional and Sector Groups of the organisation are not autonomous, and that decisions concerning such Groups are decided by the Council of Management of the organisation. I agree with the assertion within the submission that these Regional and Sector Groups in no way constitute or operate as branches of the organisation. For this reason I consider the inclusion of branch-specific provisions for disclosure requirements to be unnecessary for this organisation.

[9] On 8 January 2014 the Commission sent correspondence to the organisation requesting a declaration signed by an officer of the organisation, as required by Regulation 126(2) of the Fair Work (Registered Organisations) Regulations 2009. The correspondence also requested a link to the publication of the notice of alteration on the organisation’s website.

[10] On 9 January 2014 the organisation lodged a declaration signed by an officer of the

organisation, and provided a link to the publication of the notice of alteration on the
organisation’s website, as requested.

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

[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.

DELEGATE OF THE GENERAL MANAGER

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[2014] FWCD 245