NSW Farmers' (Industrial) Association

[2015] FWCD 5825

[2015] FWCD 5825

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
NSW Farmers' (Industrial) Association
(R2015/169)
MR ENRIGHT	MELBOURNE, 28 AUGUST 2015
Alteration of other rules of organisation.

[1]        On 29 July 2015, the NSW Farmers' (Industrial) Association (the NFIA) lodged with

the Fair Work Commission (the Commission) a notice and declaration setting out particulars

of alterations to the rules of the NFIA.

[2]        The particulars set out alterations to rules 3, 5, 6, 7, 8, 12, 13, 14, 17, 19, 29A, 36, 38,

39 and 47 of the rules of the NFIA.

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

made under the rules of the organisation.

[4]        On 18 August 2015, the Commission wrote to the NFIA advising that the proposed

alteration to rule 8 was not capable of certification pursuant to s. 159 of the Fair Work

(Registered Organisations) Act 2009 (the Act) as it involved an alteration of the eligibility

rules of the NFIA. Pursuant to section 158 of the Act, an alteration of the eligibility rules of

an organisation does not take effect unless the Commission consents to the alteration.

Accordingly, the NFIA was advised that it would be required to make an application for the

Commission to consent to the alteration to rule 8 using the prescribed form in order for this

alteration to potentially take effect. The Commission further requested the NFIA to file brief

correspondence indicating whether or not it wished to proceed with the other alterations set

out in the notice of particulars with the exclusion of the alteration to rule 8.

[5]        On the same date, the NFIA indicated that it wished to proceed with the alterations set

out in the notice of particulars excluding the proposed alteration to rule 8.

[6]        I am satisfied that the proposed alteration to rule 8 is severable from the other

alterations contained in the notice of particulars in light of the principles set out by the

majority in Re Food Preservers' Union of Australia (1998) 79 ALR 138.

[7]        In my opinion, the alterations, with the exception of the proposed alteration to rule 8,

comply with and are not contrary to the 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 Fair Work (Registered Organisations) Act 2009.
[2015] FWCD 5825

DELEGATE OF THE GENERAL MANAGER

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