Police Federation of Australia
[2018] FWCD 6597
•19 November 2018
| [2018] FWCD 6597 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Police Federation of Australia
(R2018/246)
| MURRAY FURLONG | MELBOURNE, 19 November 2018 |
Alteration of other rules of organisation.
On 25 September 2018 the Northern Territory Branch of the Police Federation of Australia (the Branch) lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to its rules. Additional information clarifying the steps taken under the rule altering procedure was received on 25 October 2018.
The particulars set out alterations to Alteration to Rule 52DI – Branch funds and property.
The alteration to this rule introduces a definition of the financial year of the Branch. The financial year is defined as the twelve month period between 1 May and 30 April.
On the information contained in the notice and subsequent communications, I am satisfied the alterations have been made under the rules of the organisation.
Section 6 of the Fair Work (Registered Organisations )Act 2009 (the Act) defines a financial year as:
(a) the period of 12 months commencing on 1 July in any year; or
(b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation — the other period of 12 months.
Note: Section 240 provides for a different financial year in special circumstances.
Section 240 of the Act states:
Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:
(a) the commencement of the first financial year after the change; and
(b) the end of the preceding financial year;
is to be taken for the purposes of this Part, to be a financial year.
I would draw to the Branch’s attention a recent decision of a Full Bench of the Commission in Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Registered Organisations Commission [[2018] FWCFB 16], which considered the application of this section.
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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