Police Federation of Australia
[2023] FWCD 6
•24 JULY 2023
| [2023] FWCD 6 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Police Federation of Australia
(R2023/30)
| CHRIS ENRIGHT | MELBOURNE, 24 JULY 2023 |
Alteration of other rules of organisation.
On 13 April 2023 the Police Federation of Australia’s Australian Federal Police Association Branch (the Branch) lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to its Branch Rules. Further material in support of the application was lodged on 11 July 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 and declaration, I am satisfied the alterations have been made under the rules of the organisation.
The alterations were lodged on 13 April 2023, 36 days after they were transacted.
Regulation 126(1) of the Fair Work (Registered Organisations) Regulations 2009 requires particulars of rule alterations to be lodged within 35 days after the alteration is made, or within an additional period allowed by the General Manager.[1]
The Branch have asked me to allow an additional one-day period for lodgement of the notice of particulars. In support of its request the Branch said it attempted to lodge its documentation in a timely manner but may have misinterpreted what was required.[2] In addition, the Branch indicated some sudden staffing changes had taken place involving, amongst others, the person who normally lodges this type of documentation.[3]
I accept the Branch’s account for the delay when lodging the notification. I note the Branch does not appear to have a history of lodging applications to certify rule alterations out of time. In the circumstances I allow an additional period, until 13 April 2023, for the lodgement of the notice of particulars. However, I remind the Branch that granting an additional period is at my discretion and that it is incumbent upon registered organisations to comply with their legislative obligations.
The particulars set out alterations to Branch Rules 53, 55, 57, 61, 63, 65, 68, 70, 72, 75, 79, 80, 81, 83 – 86, 92 – 96, 99 – 102 and 107.
The alterations are minor and technical in nature. The alterations correct errant capitalisation and internal rule cross-referencing and introduce consistent terminology when describing the Commission throughout the Branch Rules.
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] Or—where the General Manager’s functions or powers under s.159 of the Act have been delegated under s.343A—his Delegate.
[2] See Branch Secretary/Treasurer Adrian Smith’s 11 July 2023 correspondence.
[3] Ibid.
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