Master Plumbers & Mechanical Contractors Association of New South Wales, the

[2013] FWCD 10188

[2013] FWCD 10188

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

The Master Plumbers & Mechanical Contractors Association of New South

Wales

(R2013/146)

MR ENRIGHT	MELBOURNE, 24 DECEMBER 2013
Alteration of other rules of organisation.

[1] On 5 December 2013, The Master Plumbers & Mechanical Contractors Association of New South Wales (the MPMCNSW) lodged with the Fair Work Commission (the

Commission) a notice and declaration setting out particulars of alterations to the rules of the

MPMCNSW.

[2] The particulars provide for the insertion of new rule 27 into the rules of the MPMCNSW. The particulars also provide for the renumbering of existing rules 27 to 58 which arises as a consequence of the insertion of new rule 27. 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. 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] On 19 December 2013, the Commission requested the MPMCNSW to confirm that a

notice had been published on the web site of the MPMCNSW in accordance with regulation
126(1)(b) of the Fair Work (Registered Organisations) Regulations 2009.

[4] On 23 December 2013, the MPMCNSW advised that due to a failure in its computer system it is currently not possible for a notice to be published on its web site but that a notice will be published on the web site of the MPMCNSW noting that the notice of particulars was lodged with the Commission on 5 December 2013 as soon as practicable.

[5] On the information contained in the notice, I am satisfied the alterations have been made under the rules of the organisation.

[6]        On 23 December 2013, the MPMCNSW 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:

[2013] FWCD 10188

	In proposed sub-rule 27.1(c) the reference to sub-rule 37.5 has been omitted and replaced with a reference to sub-rule 27.5.
	In proposed sub-rule 27.1(l) the reference to sub-rule 37.3.1 has been omitted and replaced with a reference to sub-rule 27.3.1.
	In proposed sub-rule 27.3.2 the reference to sub-rule 37.3.1 has been omitted and replaced with a reference to sub-rule 27.3.1.
	In proposed sub-rule 27.3.4 the reference to sub-rule 37.3.3 has been omitted and replaced with a reference to sub-rule 27.3.3.
	In proposed sub-rule 27.4.2 the reference to sub-rule 37.4.1 has been omitted and replaced with a reference to sub-rule 27.4.1.
	In proposed sub-rule 27.4.3 the reference to sub-rule 37.4.1 has been omitted and replaced with a reference to sub-rule 27.4.1.
	In proposed sub-rule 27.4.4 the reference to sub-rule 37.4.3 has been omitted and replaced with a reference to sub-rule 27.4.3.
	In proposed sub-rule 27.5.2 the reference to sub-rule 37.5.1 has been omitted and replaced with a reference to sub-rule 27.5.1.
	In proposed sub-rule 27.5.3 the reference to sub-rule 37.5.1 has been omitted and replaced with a reference to sub-rule 27.5.1.
	In proposed sub-rule 27.1(m) the word “organisation/branch” has been omitted and replaced with the word “organisation”.

 In proposed sub-rule 27.2 the word “organisation/branch” has been omitted and

replaced with the word “organisation”.

[7] The Amendment Act[1]provides that alterations to rules of an organisation for the purpose of making provision as required by the Amendment Act can be certified by the General Manager during a transition period which commenced on 29 June 2012. Any alteration to rules that is certified during the transition period, however, does not take effect until the date of certification or the commencement of Part 2 of Schedule 1 to the Amendment Act, whichever occurs later. Part 2 of Schedule 1 to the Amendment Act commences on 1 January 2014.[2]

[1]See Item 38 of Schedule 1 to the Amendment Act.

[2]See Section 2 of the Amendment Act.

[8] In my opinion, the alterations 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 as modified by item 38 of
Schedule 1 to the Amendment Act.

[2013] FWCD 10188

DELEGATE OF THE GENERAL MANAGER

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