Motor Traders' Association of New South Wales

[2014] FWCD 274

[2014] FWCD 274

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Motor Traders' Association of New South Wales
(R2013/121)
MR ENRIGHT	MELBOURNE, 10 JANUARY 2014
Alteration of other rules of organisation.

[1] On 21 May 2013 the Motor Traders' Association of New South Wales lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to the rules of the Motor Traders' Association of New South Wales. An amended notification was received on 18 December 2013.

[1] The particulars provide for the alteration of existing rules 2, 29, 31 and 36 into 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. 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.

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

[3] The organisation supplied with the notification a submission outlining why it believed that the Secretary, an officer of the organisation, did not need to be included within the purview of the training rule which forms part of the Amendment Act requirements. Upon reviewing the submission I am satisfied that the training rule is sufficient to meet the requirements of the Act.

[4] I also note that the definition of ‘declared person or body’ at rule 2(k) omits a reference to a material personal interest disclosed by the Secretary to the organisation. However, as rule 31(7)(a), the only use of the term declared person or body, specifies that the term is ‘as defined in the Fair Work (Registered Organisations) Act 2009’, I am satisfied that the omission has no effect for the purposes of the Amendment Act. However, the organisation may wish to remedy the definition to limit any possible confusion.

[2014] FWCD 274

[5] In my opinion, the alterations comply with and are not contrary to the Fair Work (Registered Organisations) Act 2009, 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 Fair Work (Registered Organisations) Act 2009.

DELEGATE OF THE GENERAL MANAGER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR546700>