Motor Inn, Motel and Accommodation Association, the

[2015] FWCD 16

[2015] FWCD 16

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
The Motor Inn, Motel and Accommodation Association
(R2014/234)
MR ENRIGHT	MELBOURNE, 2 JANUARY 2015
Alteration of other rules of organisation.

[1]        On 25 September 2014 The Motor Inn, Motel and Accommodation Association (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.

[2]        The particulars provide for general alterations to rules 3, 8, 9, 25, 26, 31, 32, 34, 37

and 48 of the rules of the organisation. In addition, the alterations provide for the insertion of

new rules 33, 57, 57A, 57B, 57C, and 57D into the rules of the organisation. The proposed

new rules are 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 proposed new rules 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 is made or within any additional period that the General Manager (or the

Delegate of the General Manager) may allow. The alterations were made by a resolution of

the organisation’s Council during a meeting held for this purpose on 30 July 2014.

[4]         Contained within the cover letter of Mr Richard Munro, Executive Director of the

organisation, dated 22 September 2014 and lodged with the notice of particulars, is a request

for an extension of time to lodge the notice of particulars. The request notes that the reason

for the delay in the lodgement of the notice of particulars was inadvertence due to the

completion of elections and attending to other regulatory matters.

[5]         Pursuant to regulation 126(1) of the Regulations, I will grant the organisation an

additional period of time to lodge the notice of particulars on 25 September 2014.

[6]         On 9 December 2014 the Commission wrote to the organisation seeking confirmation

of the validity of the officers that formed the quorum for the resolution to alter the rules.

[7]         On 18 December 2014 the organisation provided the requested information.

[2014] FWCD 8820

[8]         In relation to the validity of the quorum, I have taken into consideration the provisions

of subsection 319(2) of the Fair Work (Registered Organisations) Act 2009 (the RO Act),

which provides that:

“(2) Subject to this section and section 321, all acts done in good faith by a person holding or

purporting to hold an office or position in an organisation or branch are valid in spite of any

invalidity that may later be discovered in:

(a) the election or appointment of the person; or

(b) the making or alteration of a rule of the organisation or branch.”

[9]         On that basis, and on the basis of the information provided by the organisation in total,

I am satisfied that a valid quorum was formed in order to pass the resolution to alter the rules,

and that the alterations have been made under the rules of the organisation.

[10] 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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