Master Builders Association of the Australian Capital Territory

[2019] FWCD 2665

[2019] FWCD 2665

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Master Builders Association of the Australian Capital Territory

(R2018/260)

MURRAY FURLONG MELBOURNE, 20 May 2019

Alteration of other rules of organisation.

1. On 15 October 2018 the Master Builders Association of the Australian Capital Territory (the Association) lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to its rules. A supplementary declaration was received 17 April 2019.

1. The particulars set out alterations to Rules:

   11 – Ordinary councils
   15 – Election of office-bearers and ordinary council members
   16 – Casual vacancies – office-bearers and/or members of ordinary councils
   19 – Executive Director.

2. Following consultation and discussions with staff of the Commission, fresh alterations to Rules 11, 16 and 19 were transacted on 15 March 2019. Those alterations were intended to supersede the alterations to Rules 11, 16 and 19 lodged 15 October 2018. Further submissions about the process to transact the latter alterations were received on 15 May 2019.

1. On the information contained in the notice and supplementary declaration, I am satisfied the alterations have been made under the rules of the organisation.

1. The alterations to Rule 11 have been made to provide clarity about the process of appointing an Alternate Chairman for the Ordinary Council, when the elected Chairman is unavailable.

1. Rule 15 has been amended to provide for both nominators and nominees of electoral candidates to be members, or representatives of members, of the Association.

1. The alterations to Rule 16 have been made to simplify the process for filling a casual vacancy where it arises during a term of office.

1. Rule 19 has been amended to clarify the procedure by which the appointment of the Executive Director may be terminated or suspended.

1. 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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