National Electrical Contractors Association, the

[2014] FWCD 5905

[2014] FWCD 5905

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
The National Electrical Contractors Association
(R2014/153)
MR ENRIGHT	MELBOURNE, 12 SEPTEMBER 2014
Alteration of other rules of organisation.

[1]        On 11 June 2014 The National Electrical Contractors Association lodged with the Fair

Work Commission a notice and declaration setting out particulars of alterations to the rules of
The National Electrical Contractors Association.

[2]        The particulars set out alterations to Rule 43C of the rules of The National Electrical

Contractors Association.

[3]        The alterations remove a requirement that certain disclosures be made, where

practicable, in the Notes to the organisation’s General Purpose Financial Report.

[4]        I note an ambiguity in the rule altering procedure set out at Rule 38. The relevant

passage is set out below:

...provided that notice of motion to add to, amend or repeal these Rules shall have been given to the National Secretary in writing at least 21 clear days before the date of the meeting and referred to the Executive whose report shall have been prepared and presented to the meeting at which the Rules are to be considered and included with the notice of the meeting.

[5] The words above give rise to two interpretations as to which document must be included with the notice of the meeting; the report by the Executive, or the notice of motion to add to, amend or repeal the rules. In altering Rule 43C, the organisation has followed the process in accordance with the latter interpretation. I recommend that the organisation consider, as a priority, further alterations to clarify the meaning of Rule 38.

[6]        On the information contained in the notice, I am satisfied the alterations have been

made under the rules of the organisation.
[2014] FWCD 5905

[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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