Printing Industries Association of Australia

[2019] FWCD 5872

[2019] FWCD 5872

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Printing Industries Association of Australia

(R2019/112)

MURRAY FURLONG MELBOURNE, 29 AUGUST 2019

Alteration of other rules of organisation.

1. On 22 August 2019, the Printing Industries Association of Australia (PIAA) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to the rules of PIAA.

1. The particulars set out alterations to  the following rules of PIAA:

·  Rule 1 – Name of the Association;

·  Rule 3 – Office;

·  Rule 5 – Interpretation;

·  Rule 19 – Subscriptions – Method of Calculation;

·  Rule 22 – Fees and Subscriptions – Associates;

·  Rule 27 – Annual General Meetings;

·  Rule 30 – Quorum; and

·  Rule 37 – Board.

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

1. The alteration to rule 1 provides that the name of the organisation shall be “Print and Visual Communication Association.” In this regard, I note that PIAA also filed a separate application on 22 August 2019 seeking consent to change its name in those terms under s. 158 of the Fair Work (Registered Organisations) Act 2009 (D2019/17). I am satisfied that this alteration is severable from the other alterations set out in the notice of particulars in light of the principles set out by the majority in Re Food Preservers’ Union of Australia (1988) 79 ALR 138^[1] and I will consider its certification upon the application in D2019/17 being determined by the relevant Commission Member.

1. The alteration to rule 3 pertains to the registered office of PIAA.

1. The alteration to rule 5 changes the definition of “AUTHORISED REPRESENTATIVE” to confine such persons to a director, partner, officer or employee of a member.

1. The alteration to rule 19(5) has the effect that subscriptions shall be due in advance on the date that the relevant member joins PIAA rather than being payable on 1 January each year. The subscription for members who join throughout the course of a year shall be the annual subscription amount calculated as at the first day of the month in which the member joined PIAA.

1. The alteration to rule 22 is of similar effect as it pertains to Associates of PIAA.

1. The alteration to rule 27(1) provides that the Board shall determine the date and venue of the Annual General Meeting of PIAA and removes the requirement that it must be held before 31 May each year.

1. The alteration to rule 30 will mean that members who have appointed a proxy to a general meeting of PIAA shall be reckoned in the achievement of a quorum. The requisite number of members has also been reduced from twenty to eighteen members.

1. Finally, the insertion of new sub-rule 39(3) will introduce a three term limit for Board members after which he or she will not be eligible to stand for re-election for a period of two terms. In the case of a Board member who holds the office of President, Vice President, Secretary or Treasurer, he or she will eligible to stand for election for one extra term (for a total of four terms).

1. 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

< PR711624>

[1] Re  Food Preservers’ Union of Australia (1988) 79 ALR 138, 145, Northrop and Ryan JJ.

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