National Electrical Contractors Association, the

[2014] FWCD 5996

2014] FWCD 5996

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
The National Electrical Contractors Association
(R2013/372)
MR ENRIGHT	MELBOURNE, 12 SEPTEMBER 2014
Alteration of other rules of organisation.

[1] On 22 August 2013 The National Electrical Contractors Association lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to the rules of various chapters of The National Electrical Contractors Association.

[2] The particulars set out alterations to various rules of the Victoria, New South Wales,

Queensland, Western Australia, Tasmania and Australian Capital Territory Chapters of The
National Electrical Contractors Association, as follows:

 Victoria Chapter: alterations to Rules 4, 8, 9, 15, and 16 and the deletion of Rule

19;

 New South Wales Chapter: alterations to Rules 1, 2, 4, 22, 24 and 25;

 Queensland Chapter: alterations to Rules 4, 9, 15 and 16, the deletion of Rule 21

and the renumbering of existing Rule 22;

 Western Australia Chapter: alterations to Rules 4, 9, 15 and 16;

 Tasmania Chapter: alterations to Rules 4, 9, 14, 15 and 16;

 Australian Capital Territory Chapter: alterations to Rules 4, 9, 15 and 16.

[3] The alterations remove references to the specific addresses of registered offices, correct a reference to the name of the New South Wales Chapter, update legislative references and terms, update a list of telephone prefixes, remove obsolete transitional provisions, clarify provisions relating to service of notices and adjust the wording of provisions relating to rule alterations taking effect.

[4] The changes to Queensland Chapter Rule 15, Tasmania Chapter Rule 15 and Australian Capital Territory Rule 15 remove the existing reference to the requirement that alterations to chapter rules be approved by the National Executive. To avoid uncertainty, I note that National Rule 20(c) provides that “[e]ach Chapter shall be subject to these rules and [2014] FWCD 5996

to any chapter rules adopted by members of the chapter provided that such chapter rules have
been approved by the Executive”.

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

[6] On 11 September 2014, consent was received from Suresh Manickam, National Secretary of The National Electrical Contractors Association, 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:

 In proposed Rule 16(a) of the Western Australia Chapter, the word “Relations” is

deleted from “Fair Work Relations Commission”.

[7] 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

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