Police Federation of Australia
[2020] FWCD 1193
•6 April 2020
| [2020] FWCD 1193 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Police Federation of Australia
(R2019/139)
| MURRAY FURLONG | MELBOURNE, 6 April 2020 |
Alteration of other rules of organisation.
On 12 November 2019 the Police Federation of Australia (the Federation) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to the its Federal rules.
The particulars set out an alteration to Rule 31.
The alteration allows proxies to count towards a quorum in a meeting of the Federation’s Federal Council or Federal Executive, while maintaining the need for a minimum number of persons to be personally present at that meeting. Quorum is presently reckoned by reference to those in attendance only.
On the information contained in the notice, I am satisfied the alterations have been made under the rules of the organisation.
The alterations were transacted on 18 September 2019. This means they were lodged 20 days after the expiry of the period prescribed by Regulation 126(1)(a) of the Fair Work (Registered Organisations) Regulations 2009. The Federation advised that the delay was due to administrative changes within the National Office of the Federation in the period immediately following the September 2019 Federal Council meeting which endorsed the alteration. In requesting an extension of time for lodgement, the Federation’s President noted that “[r]oles and responsibilities within the office have since been reassigned and I do not envisage any future late declarations.”
Regulation 126(1) provides me with discretion to allow an additional period for lodgment of the notification. I note that the Federation does not appear to have a history of lodging alterations to its Federal Rules out of time. I therefore allow an additional period, until 12 November 2019, for the lodgment of the alterations. However, I remind the Federation that the granting of an additional period is at my discretion and that it is incumbent on registered organisations to comply with the legislative obligations.
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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