NSW Farmers' (Industrial) Association

[2019] FWCD 7957

[2019] FWCD 7957

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

NSW Farmers' (Industrial) Association

(R2019/107)

MURRAY FURLONG MELBOURNE, 9 DECEMBER 2019

Alteration of other rules of organisation.

1. On 15 August 2019 the NSW Farmers' (Industrial) Association lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations its rules.

1. The particulars set out alterations to Rule 23.

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

1. The alterations allow the organisation’s committee of management to utilise technology to conduct their meetings, for example by meeting via video or teleconference. The alterations also provide a mechanism for the committee to make decisions without holding a meeting.

1. On 22 November 2019, Peter Arkle, Chief Executive gave 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 the final, unnumbered paragraph of proposed rule 23(ix) the word “states” replaces the word ‘state’ where the latter appears;

·   In proposed rule 23(x)(a) the word “member” has been inserted between the expressions ‘all Executive Committee’ and ‘and a majority’;

·    In proposed rule 23(x)(a) the word “member” has been inserted between the expressions ‘the Executive Committee’ and ‘entitled to vote’;

·    In proposed rule 23(x)(b) the word “member” has been inserted between the expressions ‘one or more Executive Committee’ and ‘and is effective’; and

·    In proposed rule 23(x)(b) the second sentence shall commence with the word “An” rather than the word ‘A’.

1. 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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