Master Builders Association of South Australia Incorporated
[2011] FWA 544
•27 JANUARY 2011
[2011] FWA 544 |
|
DECISION |
Fair Work (Registered Organisations) Act 2009
s.158(1) RO Act - Application for alteration of eligibility rules
Master Builders Association of South Australia Incorporated
(D2010/5017)
SENIOR DEPUTY PRESIDENT KAUFMAN | MELBOURNE, 27 JANUARY 2011 |
Application for consent to alter eligibility rules.
[1] This decision concerns an application made under s.158(1) of the Fair Work (Registered Organisation) Act 2009 (“FWRO Act”) by the Master Builders Association of South Australia Incorporated (“MBASAI”) for consent to change its eligibility rules. The application was lodged on 29 October 2010.
[2] The application seeks the consent of Fair Work Australia to the alteration of the MBASAI's eligibility rule. The current eligibility rule, Rule 5(3)(a), reads relevantly as follows:
“5 - Membership
...
(3) (a) MEMBERS shall be “PERSONS”, who undertake “BUILDING AND/OR CONSTRUCTION WORK” and who are the holders of a licence issued by the Commercial Tribunal of South Australia.”
[3] The proposed alteration has the effect of removing the words “Commercial Tribunal of South Australia” in Rule 5(3)(a), and replacing them with the words “Office of Consumer and Business Affairs or its replacement.” The reason for the alteration is that the Commercial Tribunal of South Australia is now defunct and building licenses are issued by the Office of Consumer and Business Affairs.
[4] By so altering the eligibility rule, Rule 5(3)(a) would read as follows:
“5 - Membership
...
(3) (a) MEMBERS shall be “PERSONS”, who undertake “BUILDING AND/OR CONSTRUCTION WORK” and who are the holders of a licence issued by the Office of Consumer and Business Affairs or its replacement.”
[5] The application was gazetted on 10 November 2010 1, and no objections were received in relation to the application within the stipulated period of 35 days within which objections in writing must be received.
[6] The alteration to the eligibility rules of the MBASAI was made in accordance with the registered rules of the MBASAI.
[7] In its application dated 29 October 2010, the Deputy President of the MBASAI declared that written notice of the intended rule alteration was provided to all members at least 14 days prior to the Annual General Meeting for which the proposed alteration was to be subject of a vote. This complies with Rule 33 which provides for the process by which the MBASAI can apply for an alteration to its rules.
[8] I am satisfied that the change or alteration has been made under the Rules of the MBASAI as required by s.158(2) of the Act, which reads:
“FWA may consent to a change or alteration in whole or part, but must not consent unless FWA is satisfied that the change or alteration has been made under the rules of the organisation.”
[9] Fair Work Australia is provided with discretion under the FWRO Act to refuse to consent to the alteration for a number of reasons. 2 However, no issues have arisen that would give me cause to not consent to this application.
[10] In the circumstances, I consent to the alteration to the MBASAI’s eligibility rules as set out above.
[11] Pursuant to s.158(9) of the FWRO Act, my consent to the application will take effect from Friday, 11 February 2011.
SENIOR DEPUTY PRESIDENT
1 Gazette No. GN 44, 10 November 2010.
2 Section 158(6)-(8) of the FWRO Act
Printed by authority of the Commonwealth Government Printer
<Price code A, PR506243>
0
0
0