Motor Trade Association of South Australia Incorporated, the

[2013] FWCD 6216

[2013] FWCD 6216

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
The Motor Trade Association of South Australia Incorporated
(R2013/113)
MR ENRIGHT	MELBOURNE, 29 AUGUST 2013
Alteration of other rules of organisation.

[1] On 21 May 2013, Minter Ellison Lawyers lodged with the Fair Work Commission on behalf of their client, The Motor Trade Association of South Australia Incorporated, a notice and declaration setting out particulars of alterations to the rules of The Motor Trade Association of South Australia Incorporated.

[2] The particulars set out alterations to rule 2 and the insertion of new rules 87 - 100 and renumbered existing rules 101 and 102. 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 and consequential renumbering of rules.

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

[4] 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]

[2013] FWCD 6216

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

[2]See Section 2 of the Amendment Act.

[5] 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.

DELEGATE OF THE GENERAL MANAGER

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