Master Grocers Australia Limited

[2014] FWCD 7647

[2014] FWCD 7647

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Master Grocers Australia Limited
(R2013/60)
MR ENRIGHT	29 OCTOBER 2014
Alteration of other rules of organisation.

[1] On 13 February 2014 the Master Grocers Australia Limited (the organisation) lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to the rules of the organisation. The alterations were made 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.

[2] The particulars set out alterations to rule 2 and insert new rules 28, 30, 31, 32 and 33 into the rules of the organisation. In particular, the alterations provide 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] Regulation 126(1) of the Fair Work (Registered Organisations) Regulations 2009 (the Regulations) requires an alteration of the rules of a registered organisation to be lodged within 35 days after the alteration is made or within any additional period that the General Manager may allow. The notification was lodged with the Commission on 13 February 2014, 86 days after the alterations were made by the organisation.

[4] Regulation 126(1) provides me with the discretion to allow any additional period for lodgement of this notification. On 13 October 2014, the organisation lodged an extension of time request, asking that an additional period be allowed. The reason cited for the delay in lodgement by the organisation, was that unforeseen work pressures and limited resources did not allow the processing and lodging of the application within the 35 day time period allowed by the Regulations.

[5] I remind the organisation that compliance with statutory requirements is essential to the proper functioning of registered organisations and I urge the organisation to carefully consider its compliance performance. For an abundance of clarity, it is incumbent on the organisation to ensure lodgement of rule alterations to the Commission within the period required by the Regulations. An extension of time under Regulation 126(1) is not as of right. Further, if an additional period for lodgement was not allowed, my discretion under Regulation 126(3) to refuse to certify the alterations would be enlivened.

[2014] FWCD 7647

[6] In all the circumstances and having considered the reasons for late lodgement for the purposes of this application, I allow an additional period of 51 days.

[7] Further information was sought from the organisation regarding the rule altering process and on 13 October 2014 a supplementary declaration was received. On the information contained in the notice, I am satisfied the alterations have been made under the rules of the organisation.

[8] The rules largely incorporate the requirements of the Amendment Act. However, for

the following reason, I believe the rules will not meet all of the requirements of the
Amendment Act.

[9] As a result of the provisions of the Amendment Act, section 6 of the Fair Work (Registered Organisations) Act 2009 (the RO Act) provides for the definition of

‘remuneration’ to include ‘allowances.’

[10] Rule 2 of the altered rules contains a definition of remuneration’ however does not include ‘allowances’. Consequently, rule 2 does not meet all of the requirements of section 6.

[11] Notwithstanding this omission, the substance of the rule alterations for the purpose of complying with the Amendment Act does comply with the statutory requirements. Although a further alteration is needed, this does not prevent the certification of the alterations that have been made. However, the omission of ‘allowances’ in the definition of ‘remuneration’ will need to be remedied by the organisation as expeditiously as possible in order to ensure full compliance with the provisions of the Amendment Act.

[12] In my opinion, the alterations comply with and are not contrary to 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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