NSW Farmers' (Industrial) Association

[2014] FWCD 4818

[2013] FWCD 9888

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
NSW Farmers' (Industrial) Association
(R2013/20)
MR ENRIGHT	MELBOURNE, 17 JULY 2014
Alteration of other rules of organisation.

[1] On 14 June 2013, the NSW Farmers' (Industrial) Association (the Association) lodged

with the Fair Work Commission (the Commission) a notice and declaration setting out
particulars of alterations to the rules of the Association.

[2] The particulars provided for the insertion of new rules 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 provided 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] On 13 November 2013, staff of the Commission advised the Association of a number of issues requiring clarification or remedying in order for the rule alterations to be certified. Staff identified issues with both the declaration and the particulars. First, in relation to the declaration, the Association failed to specify that notice was provided to members in accordance with the rules. Also, the declaration appeared not to have been signed by an officer.

[4] In relation to the particulars, proposed rules 36(iv), 37(iv)(b) and 38(iii)(b) stated that disclosures shall be made “within seven months after the end of the financial year”. Sub section 148A8(b) of the Amendment Act required the disclosures to be made “within 6 months after the end of the financial year or shorter period, or within such longer period as the General Manager allows”. Staff invited the Association to lodge submissions to the Delegate of the General Manager (the Delegate), outlining the extraordinary circumstances as to why the extra month was required.

[5] The Association was also advised to pass further rule alterations to correct the definition of “declared person or body”; as well as correcting a number of typographical, clerical or formal errors. The latter could be corrected by the Delegate with the consent of the Association. A sample declaration was provided to the Association.

[6] On 13 November 2013, the Association provided submissions regarding the proposed

extended timeframes. Further information was provided on 17 December 2013 regarding the
posting of the notice on the Association’s website.

[2013] FWCD 9888

[7] On 19 December 2013, a teleconference was held between representatives of the Association, the Delegate and staff of the Commission. Upon discussion of the issue, the Association advised that it was able to meet the six-month disclosure timeframe. The Association requested a letter from the Delegate requesting that the Association change their seven-month disclosure rule so that the Executive Committee could modify the alterations. The Delegate provided a letter to the Association on 20 December 2013.

[8] The Commission received an amended declaration and particulars from the Association on 25 February 2014.

[9] On 4 March 2013, staff of the Commission advised the Association that not all

typographical errors had been rectified by the declaration and particulars lodged on 25
February 2014; and requested instructions on the matter.

[10] On 27 June 2014, the Association advised that it preferred the errors to be amended and lodged further particulars and a declaration.

[11] On the information contained in the declarations, I am satisfied the alterations have been made under the rules of the organisation.

[12] In my opinion, the alterations as provided on 27 June 2014 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.

DELEGATE OF THE GENERAL MANAGER

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