Police Association Salaried Officers Union of New South Wales

Case

[2014] FWCD 3114

13 May 2014

No judgment structure available for this case.

[2014] FWCD 3114

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Police Association Salaried Officers Union of New South Wales
(R2013/62)
MR ENRIGHT MELBOURNE, 13 MAY 2014
Alteration of other rules of organisation.

[1] On 26 December 2013 the Police Association Salaried Officers Union of New South Wales (the organisation) lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to the rules of the organisation.

[2] The particulars provided for the insertion of new rules 35, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101 and 102 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 22 January 2014 the Commission wrote to the organisation to outline further requirements for the proposed alterations and other minor clerical errors identified by the Commission for consideration of the organisation. The Commission requested the suggested alterations be passed by a further resolution in accordance with the rules of the organisation, and then lodged with the Commission within 35 days of that resolution.

[4] On 10 February 2014 the organisation lodged draft amended alterations with a view to

obtaining advice from the Commission to ensure the amended rules complied with all
requirements prior to passing a further resolution.

[5] On 12 February 2014 the Commission provided advice to the organisation, indicating that the amended rules appeared to satisfy the relevant disclosure requirements.

[6] On 26 March 2014 the organisation lodged a formal amended notification of alterations with the Commission.

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

[2014] FWCD 3114

[8] In my opinion, the alterations 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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