Master Builders' Association of Tasmania Inc.

[2014] FWCD 1

[2014] FWCD 1

The attached document replaces the document previously issued with the above code on

2 January 2014.

The signing date was incorrectly shown as “2 January 2013”.

Paragraph [4] had the paragraph number twice.

Mark Elliott

Regulatory Compliance Branch

Dated 24 January 2014
[2014] FWCD 1

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Master Builders' Association of Tasmania Inc.
(R2013/236)
MR ENRIGHT	MELBOURNE, 2 JANUARY 2014
Alteration of other rules of organisation.

[1] On 24 April 2013 the Master Builders' Association of Tasmania Inc. lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to the rules of the organisation. An additional declaration, offering further information about the steps taken to transact the alterations under the organisation’s rules, was provided on 13 December 2013.

[2] The particulars set out alterations to rules 5, 13, 17 and rule 8 of Schedule II, as well as inserting a new Schedule 3. I note that Schedule 3 has been inserted 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, it provides 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 the information contained in the notice, I am satisfied the alterations have been made under the rules of the organisation.

[4] On 12 December 2013, the organisation 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 Schedule 3, Rule 2: renumber the second set of Sub-Rules A - D to E - H;
	In proposed Schedule 3, Rule 3: renumber the second set of Sub-Rules A - D to E - H; and
	In proposed Schedule 3, Rule 4: renumber the second set of Sub-Rules A - C to E - F.

[2014] FWCD 1

[5] Rule 5 is titled “Eligibility for Membership”. It is a rule of the organisation that relates to the Association’s conditions of eligibility for membership. As such, it forms part of the Association’s “eligibility rules”. An alteration of the eligibility rules of an organisation does not, relevantly, take effect until the President or a Deputy President of the Fair Work Commission consents to the alteration under section 158 of the Act. I have no jurisdiction to deal with the alteration to rule 5.

[6] In my opinion the alterations, other than the alteration to rule 5, 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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