National Union of Workers

[2017] FWCD 2522

[2017] FWCD 2522

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

National Union of Workers

(R2017/40)

MURRAY FURLONG MELBOURNE, 24 MAY 2017

Alteration of other rules of organisation.

1. On 23 March 2017 and 8 May 2017 the National Union of Workers lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules.

1. The particulars provide for the insertion of new rule 28(6) and the replacement of rule 38(e) to ensure that the rules of the organisation make provision as required by the Fair Work (Registered Organisations) Act 2009 (the Act). The Fair Work (Registered Organisations) Amendment Act 2016 (the Amendment Act) recently inserted paragraph 141(1)(b)(ii)(iia)[1] of the Act. That paragraph makes it mandatory for the rules of organisations to provide for the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches. The alterations so provide.

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

1. In my opinion, the alterations comply with and are not contrary to the 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.

DELEGATE OF THE GENERAL MANAGER

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[1] Section 19 of Part 1 of Schedule 2 of the Fair Work (Registered Organisations) Amendment Act 2016