Real Estate Employers' Federation
[2020] FWCD 1221
•17 MARCH 2020
| [2020] FWCD 1221 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Real Estate Employers' Federation
(R2020/3)
| MURRAY FURLONG | MELBOURNE, 17 MARCH 2020 |
Alteration of other rules of organisation.
On 31 January 2020, the Real Estate Employers' Federation (REEF) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to the rules of REEF.
The particulars set out an alteration to rule 13 – Subscriptions. The effect of the alteration is to increase the amount which the annual subscription must not exceed from $1,000 to $5,000.
On 28 February 2020, a declaration made by Mr Paul Byrne, Treasurer of REEF, in accordance with regulation 126(2) of the Fair Work (Registered Organisations) Regulations 2009 (the Regulations) and dated 28 February 2020 was subsequently filed.
On the information contained in the notice and the declaration of Mr Byrne subsequently filed, I am satisfied the alterations have been made under the rules of REEF.
The alteration was made by resolution of the Committee of REEF during its meeting of 6 December 2019. Thus, as REEF concedes, the notice of particulars was lodged approximately three weeks after the expiry of the period prescribed by regulation 126(1)(a) of the Regulations. REEF advises that this delay was caused due to the absence of key personnel during the period between 6 December 2019 and its annual shutdown for the festive season.
Regulation 126(1) of the Regulations confers a discretion to allow an additional period for the lodgement of the notification. I accept REEF’s account for the delay in the lodgement of the notice of particulars and further note that it does not appear to have a history of giving notice out of time of transacted rule alterations. I therefore allow an additional period, until 31 January 2020, for the lodgement of the notice of particulars. However, I remind REEF that the granting of an additional period is at my discretion and that it is incumbent upon registered organisations to comply with their 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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