Master Builders' Association of Victoria

[2012] FWA 10483

[2012] FWA 10483

FAIR WORK AUSTRALIA

DECISION

Fair Work (Registered Organisations) Act 2009
s.158(1) RO Act - Application for alteration of eligibility rules

Master Builders' Association of Victoria
(D2012/213)

VICE PRESIDENT WATSON SYDNEY, 19 DECEMBER 2012

Alterations to eligibility rules 5 and 6, Interpretation and Membership - Consent to rule changes- Fair Work (RO) Act 2009, s 158.

[1] This decision concerns an application by Master Builders Association of Victoria (MBAV) for consent under s 158(1) of the Fair Work (Registered Organisations) Act 2009 (the RO Act) to alter its eligibility rules, being rule 5 - Interpretation and rule 6 - Membership. The alterations amongst other things seek to insert a new definition for ‘Specialist Contractor’ and revise the types of memberships that exist in the organisation.

[2] The application is similar to a previous application (D2012/2505) lodged by MBAV on 22 July 2011 to alter the same eligibility rules. Three objections were received to matter D2012/2505 and the application was heard before Senior Deputy President Kaufman on 20 March 2012. At the hearing before his Honour, the MBVA provided an amended application which sought to overcome the objections. It was agreed that MBAV would discontinue matter D2012/2505 and formally file the amended application on the basis that the objectors did not object to its terms.

[3] The amended application is the subject of this decision. It was initially lodged with Fair Work Australia on 18 July 2012. It did not substantially comply with the requirements of regulation 121 of the Fair Work (Registered Organisations) Regulations 2009 and Form F68 of the Fair Work Australia Rules 2009. Following discussions with the applicant, a replacement Form F68 was lodged on 14 September 2012.

[4] The application was published in the Commonwealth of Australia Gazette, GN 38, on 26 September 2012. The opportunity to file an objection closed 31 October 2012. No objections had been filed by this date.

[5] Having considered the application and supporting documents, I am satisfied that MBAV has met the procedural requirements of the Act and Regulations. The Tribunal consents to the rule changes. The rule changes will have effect from 1 January 2013.

VICE PRESIDENT WATSON

Appearances:

A. Simonetto for Master Builders Association of Victoria.

Hearing details:

2012.

Melbourne.

December 12.

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