NSW Farmers' (Industrial) Association
[2019] FWCD 3205
•30 MAY 2019
| [2019] FWCD 3205 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
NSW Farmers' (Industrial) Association
(R2019/32)
| MURRAY FURLONG | MELBOURNE, 30 MAY 2019 |
Alteration of other rules of organisation.
On 13 August 2018 the NSW Farmers' (Industrial) Association (the Association) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules.
The particulars set out alterations to Rules:
5 – Objects
6 – Powers
7 – Definitions and Interpretations
9 – Membership Application
12 – Service of Notices
13 – Membership Resignation
14 – Removal from Membership
17 – Membership Contribution Date Payable
19 – Membership Contribution – How Set
21 – Eligibility for Office
22 – President, Vice-President and Treasurer
23 – Executive Committee
25 – Chief Executive
28 – Banking Account
35A – Presentation of Financial Records
39 – Electoral Procedure – Officers Named Rule 20
40 – Power to Sue
41 – Costs and Penalties Incurred by Members
42 – Indemnity
43 – Seal
44 – Inspection of Rules and By-Laws
45 – Rules of Debate
46 – Dissolution of Association
47 – Alterations to Rules
and delete Rules:
18 – Membership Contribution Where Payable
29A – Governance and Accounting Obligations Training
36 – Disclosure of Officer’s Relevant Remuneration and Non-Cash Benefits
37 – Disclosure of Officer’s Material Personal Interests
38 – Disclosure of Payments by the Association
The alterations to Rule 25 were subsequently withdrawn.
The alterations serve two purposes. First, they modernise the language and operation of the rules. Secondly, they better align the Association with the NSW Farmers’ Association (NSWFA). It should be noted that Membership of the Association is contingent upon – and an inclusive benefit of – membership of the NSWFA.
The alteration to Rule 5 allows the Association to align its objectives with the objects and aims of the NSWFA. In addition, the alteration permits the Association to make investments and manage assets in order to achieve those objectives.
The alteration to Rule 6 grants the Association greater flexibility in managing its funds, subject to the reporting obligations outlined in the Fair Work (Registered Organisations) Act 2009 (the Act).
The alteration to Rule 7 ensures that relevant definitions reflect other changes made to the rules.
The alteration to Rule 9 means that when a person who is eligible for membership for the Association (i) becomes a member of the NSWFA and (ii) pays contributions and subscriptions to that body, they will also be regarded as a financial member of the Association. No separate fee is payable for membership of the Association.
The alteration to Rule 12 allows Notices to be served electronically.
The alteration to Rule 13 clarifies how members can resign from the Association. In addition, the alteration clarifies the method for identifying the time a resignation or cessation takes effect.
The alteration to Rule 14 ensures consistent wording in the rule.
The alteration to Rule 17 ensures consistency with the proposed changes to Rule 9. Particularly, it notes that membership of the Association is an inclusive benefit of NSWFA membership and a single subscription in relation to both bodies is paid to the NSWFA.
The alteration to Rule 19 ensures consistency with the proposed changes to Rules 9 and 17.
The alteration to Rule 21 qualifies who is eligible to be nominated for office. It provides that only Directors of the NSWFA (elected in accordance with its Rules) can serve as Directors of the Association.
The alteration to Rule 22 prospectively changes the length of office terms for the President, Vice-president and Treasurer. In addition, it clarifies the process for filling casual vacancies.
The alteration to Rule 23 prospectively changes the length of office terms for members of the Executive Committee. In addition, it clarifies the process for filling casual vacancies.
The alteration to Rule 28 relates to the payment of membership fees and reflects the proposed changes to Rules 9, 17 and 19.
The alteration to Rule 39 provides for greater flexibility in relation to the return of ballot papers.
Rule 39, 40, 41, 42, 43, 44, 45, 46 and 47 have been re-numbered because Rules 36, 37 and 38 were deleted.
On 10 October 2019 staff from the Fair Work Commission (Commission) contacted the Association to raise concerns with various alterations. A process of engagement followed and the Association proposed further alterations in draft form. Commission Staff provided feedback on the draft alterations.
On 11 February 2019 the Association notified the Commission that it intended to make further amendments to Rule 22 and 23 and rescind the changes to Rule 25 to comply with the advice the Commission had offered.
On 29 March 2019 the organisation lodged for the second time with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules.
The particulars set out alterations to Rule 22 and 23.Those alterations superseded the alterations to Rule 22 and 23 which were lodged on 13 August 2018. For convenience, a copy of the earlier rule changes were also set out. In addition, the material which accompanied the declaration demonstrated that the Association had rescinded the earlier alterations to Rule 25.
On the information contained in the two notices I am satisfied that all of the alterations have been made under the rules of the organisation.
On 7 May 2019, James Jackson, President of the NSW Farmers’ (Industrial) Association, gave consent, under subsection 159(2) of the Act, 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 12(iii)(b): insert a full stop after the word receipt;
· In proposed rule 13B(i)(a): the word ‘or’ is missing after the semi colon;
· In proposed rule 21(iii)(a): insert a semi colon after the word due;
· In proposed rule 23(iv): sub rule (i) should be labelled (a); and
· In proposed rule 23(iv): sub rule (ii) should be labelled (b).
In my opinion, the alterations comply with and are not contrary to the Fair Work (Registered Organisations) Act 2009, the Act, 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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