Police Federation of Australia-South Australia Police Branch

[2014] FWCD 3404

[2014] FWCD 3404

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Police Federation of Australia
(R2013/419)
MR ENRIGHT	MELBOURNE, 28 MAY 2014
Alteration of other rules of organisation.

[1] On 22 October 2013 the Police Federation of Australia - South Australia Police Branch lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to the rules of the Police Federation of Australia-South Australia Police Branch.

[2]        The particulars set out alterations to rule 44B(f)(iii) of the rules of the Branch.

[3] The alteration provides for the calling of nominations for its office holders by distribution of a Branch Newsletter. Subparagraph (A) provides that the election notice to be displayed on notice boards shall be in the form supplied by the Australian Electoral Commission. As previously mentioned the alteration requires for nominations to be called by way of distribution of the Branch Newsletter, no mention is made of placing notices on notice boards. I note that the current rules do provide for a notice to be placed on notice boards as well as by advertisement in the Branch magazine.

[4] Although there appears to be an inconsistency with the proposed rules I am satisfied that such inconsistency will not have an oppressive, unreasonable or unjust effect on members or applicants for membership. I recommend that the Branch at its earliest opportunity affect an appropriate rule alteration addressing this matter.

[5] I note that rule 44B(f)(iv) contains two references to nomination forms prescribed by (Attachment 1). The rules do not appear to contain such an Attachment. The alterations before me delete references to Attachment 1 and Attachment 2 in rule 44B(f)(iii) which relate to election notices. For the purposes of consistency I recommend that the Branch also affect an appropriate rule alteration to rule 44B(f)(iv).

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

[7] On 16 May 2014, Mr Thomas Scheffler, Branch Secretary, gave consent under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009, for the Delegate to make various amendments to the alterations for the purpose of correcting typographical, clerical or formal errors. Accordingly the following correction has been made:

[2014] FWCD 3404

 In proposed rule 44B(f)(iii) the reference to ‘Returning officer’ appearing in the third
line of paragraph (iii) be altered to read ‘Returning Officer’.

[8] 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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