Motor Traders' Association of New South Wales

[2014] FWC 9071

[2014] FWC 9071

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009
s.158(1) RO Act - Application for alteration of eligibility rules

Motor Traders' Association of New South Wales
(D2014/64)

DEPUTY PRESIDENT LAWRENCE SYDNEY, 15 DECEMBER 2014

Alteration of eligibility rules.

[1] This decision concerns an application made under s.158(1) of the Fair Work (Registered Organisations) Act 2009 (the RO Act) by the Motor Traders’ Association of New South Wales (the Applicant) for consent to the alteration of its eligibility rules. The application was signed and lodged on 9 October 2014.

[2] The application is for consent to change Rule 4 Industry and Objects and Rule 7 Eligibility for Membership.

[3] The change is to correct a number of typographical and presentational errors in the current rules.

[4] The application was gazetted in the Commonwealth of Australia Gazette on 17 October 2014 and also published on the Fair Work Commission’s website. No objection was received within the prescribed time for lodging objections.

[5] Section 158 of the RO Act relevantly provides:

“(1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:

(a) in the case of a change in the name of the organisation—the FWC consents to the change under this section; or

(b) in the case of an alteration of the eligibility rules of the organisation:

(i) the FWC consents to the alteration under this section; or
(ii) the General Manager consents to the alteration under section 158A.

(2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.

. . .

(4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:

(a) to which those persons could more conveniently belong; and

(b) that would more effectively represent those members.”

[6] The matter was heard on 9 December 2014.

[7] Having considered the material submitted, I am satisfied that there has been compliance with the requirements of the RO Act and the Regulations. I am also satisfied that:

1. The change has been made under the rules of the organisation (s.158(2)); and

2. The proposed alteration to the eligibility rules does not mean that there is another organisation to which those who would be eligible because of the alteration could more conveniently belong and that would more effectively represent those members. (s.158(4))

[8] I therefore consent to the changes to the eligibility rules sought by the Association.

[9] The changes should take effect from seven (7) days from this decision that is 22 December 2014.

DEPUTY PRESIDENT

Appearances:

G. Hatton for Motor Traders’ Association of New South Wales.

Hearing details:

2014

December 9.

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