Master Builders' Association of Tasmania Inc.

[2015] FWCD 3127

[2015] FWCD 3127

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Master Builders’ Association of Tasmania Inc.
(R2015/4)
MR ENRIGHT	MELBOURNE, 6 MAY 2015
Alteration of other rules of organisation.

[1]        On 14 January 2015 the Master Builders’ Association of Tasmania Inc. (the

organisation) lodged with the Fair Work Commission a notice and declaration setting out

particulars of alterations to the rules of the organisation.

[2]        The particulars set out a new rule 48 and Schedule IV of the rules of the organisation.

The alterations make arrangements for the admission to the organisation of members of the

Tasmanian Builders Association Inc. (TBA), an entity registered under the Associations

Incorporation Act 1964 (Tas), and provide for the representation of those members for a

transitional period on the Northern Region Management Council and State Council of the

organisation.

[3]        On 19 March 2015 I wrote to the organisation setting out various concerns with the

alterations lodged. In particular, I noted that the trigger for the election provided for in rule 4

of Schedule IV was ambiguous and that the rule excluded from participation in the election

members of TBA who had not yet become members of the organisation on the date of

certification. I also noted that there were contradictory provisions regarding the Region to

which TBA members would be allocated. In these respects, I indicated that the alterations

may impose upon members, or applicants for membership, conditions, obligations or

restrictions that are oppressive, unreasonable or unjust, contrary to section 142(c) of the Fair

Work (Registered Organisations) Act 2009 (RO Act). Further, the timing contemplated for the

close of the roll of voters for the election in rule 4(e) of Schedule IV appeared to be contrary

to section 143(3) of the RO Act, which requires that the rules provide for a day that is no

earlier than 30 days and no later than 7 days before nominations open.

[4]        On the basis of my concerns, I indicated a preliminary view that should the

organisation press the application in its original form, the alterations would be refused under

section 159(1)(a) of the RO Act. I suggested that the organisation consider reframing the

amendments to provide an amended timetable for the election and clarity regarding the

region(s) to which TBA members are allocated.

[5] On 4 April 2015 the organisation submitted a new set of alterations addressing the

issues set out above. These alterations replace the alterations originally lodged.
[2015] FWCD 3127

[6]        On the information contained in the notice, I am satisfied the alterations have been

made under the rules of the organisation.

[7]        In my opinion, the alterations 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.

DELEGATE OF THE GENERAL MANAGER

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