National Fire Industry Association

[2013] FWCD 6196

[2013] FWCD 6196

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
National Fire Industry Association
(R2013/126)
MR ENRIGHT	MELBOURNE, 6 SEPTEMBER 2013
Alteration of other rules of organisation.

[1] On 24 May 2013, the National Fire Industry Association lodged with the Fair Work

Commission a notice and declaration setting out particulars of alterations to the rules of the
National Fire Industry Association.

[2] The particulars provide for the addition of sub rule (c) to existing rule 27 and the insertion of new rules 34A and 47 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.

[3] A further declaration was received on 6 August 2013 in addition to the declaration provided on initial lodgement.

[4] On the information contained in the original notification as well as in the

supplementary declaration, I am satisfied the alterations have been made under the rules of the
organisation.

[5] On 4 September 2013, the Commission received from Kenneth Nealie, Secretary- Treasurer, consent 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 47(3)(b), I have removed an apostrophe;
	In proposed rule 47(7), I have removed a hyphen;
	In proposed rule 47(12) “relevant remuneration”, I have corrected the word officer; and
	In proposed rule 47(13), I have removed quotation marks.

[2013] FWCD 6196

[6] 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]

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

[2]See Section 2 of the Amendment Act.

[7] 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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