Police Federation of Australia
[2023] FWCD 25
•20 NOVEMBER 2023
| [2023] FWCD 25 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Police Federation of Australia
(R2023/84)
| CHRIS ENRIGHT | MELBOURNE, 20 NOVEMBER 2023 |
Alteration of other rules of organisation.
On 28 August 2023, the Tasmania Police 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. Further material in support of the alterations was lodged on 6 September 2023.
The Branch seeks certification of the alterations under section 159 of the Fair Work (Registered Organisations) Act 2009 (the Act).
On the information contained in the notice, I am satisfied the alterations have been made under the rules of the organisation.
The particulars set out alterations to Branch Rule 52BM – Branch Trustees.
The alterations insert a new sentence which provides that, in the event that the position of Treasurer becomes vacant, or the Treasurer is absent due to personal leave for a period greater than one week, the Branch Executive shall delegate a Trustee to act as Treasurer.
The Branch explained that the absence of a Treasurer in between the election period causes significant difficulty in that the Treasurer is essential to core business and many aspects of the rules of the Branch require the Treasurer to approve financial matters. Therefore, the purpose of the alterations is to ensure good governance and continuity to the efficient and effective financial operation of the Branch.[1] I accept this characterisation.
In my opinion, the alterations comply with and are not contrary to the Act, the Fair Work Act 2009, modern awards and enterprise agreements, are not otherwise contrary to law and were made under the rules of the organisation. I certify accordingly under subsection 159(1) of the Act.
DELEGATE OF THE GENERAL MANAGER
[1] Declaration of Shane Tilley lodged with the particulars.
Printed by authority of the Commonwealth Government Printer
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