Printing Industries Association of Australia

[2013] FWCD 8705

[2013] FWCD 8705

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Printing Industries Association of Australia
(R2013/67)
MR ENRIGHT	MELBOURNE, 11 NOVEMBER 2013
Alteration of other rules of organisation.

[1] On 21 June 2013, the Printing Industries Association of Australia (the PIAA) lodged

with the Fair Work Commission (the Commission) a notice and declaration setting out
particulars of alterations to the rules of the PIAA.

[2] The particulars set out alterations to rules 5, 57, 58, 59, 60 and 61 of the rules of the PIAA. The alterations were made for the purpose of complying with provisions of the Fair Work (Registered Organisations) Amendment Act 2012 (the Amendment Act) regarding the rules of registered organisations. In particular, the alterations provide for specified disclosures, the implementation of policies relating to expenditure and the mandatory training of officers with duties that relate to the financial management of the organisation.

[3] On 20 August 2013, the Commission wrote to the PIAA seeking confirmation whether the requirements regarding quorum and voting by proxy set out in rules 30 and 36, respectively, of the rules of the PIAA were fulfilled during the special general meeting of the PIAA on 24 May 2013 during which the relevant rule alterations were made.

[4] On 6 September 2013, the PIAA lodged a further declaration stating that the above requirements were met during the special general meeting of the PIAA on 24 May 2013.

[5] On the information contained in the notice, and the further documentation lodged on 6 September 2013, I am satisfied the alterations have been made under the rules of the organisation.

[6] On 29 August 2013, the PIAA advised that Mr Peter Lane, Honorary Secretary of the PIAA 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 corrections have

been made:

	In proposed rule 5, the reference to sub-rule 3(A) in the definition of “DECLARED PERSON OR BODY” was corrected to a reference to sub-rule 59(1).
	In proposed rule 5, the reference to sub-rule 2(A) in the definition of “RELEVANT REMUNERATION” was corrected to a reference to sub-rule 58(1).

[2013] FWCD 8705

	In proposed rule 5, the word “means” as it appears at the commencement of the definition of “RELEVANT REMUNERATION” was omitted and replaced with the words “in relation to”.
	In proposed rule 5, the word “means” as it appears at the commencement of the definition of “RELEVANT NON-CASH BENEFITS” was omitted and replaced with the words “in relation to”.

[7] The Amendment Act[1]provides that alterations to rules of an organisation for the purpose of making provision as required by the Amendment Act can be certified by the General Manager during a transition period which commenced on 29 June 2012. Any alteration to rules that is certified during the transition period, however, does not take effect until the date of certification or the commencement of Part 2 of Schedule 1 to the Amendment

Act, whichever occurs later. Part 2 of Schedule 1 to the Amendment Act commences on

1 January 2014.[2]

[1]See Item 38 of Schedule 1 to the Amendment Act.

[2]See Section 2 of the Amendment Act.

[8] In my opinion, the alterations comply with and are not contrary to the Fair Work (Registered Organisations) Act 2009 (the RO Act), the Amendment Act, 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 RO Act as modified by item 38 of

Schedule 1 to the Amendment Act.

DELEGATE OF THE GENERAL MANAGER

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