Real Estate Employers' Federation of New South Wales, the

[2013] FWCD 3463

[2013] FWCD 3463

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Real Estate Employers' Federation
(R2013/102)
MR ENRIGHT	MELBOURNE, 23 OCTOBER 2013
Alteration of other rules of organisation.

[1] On 16 April 2013 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 the REEF.

[2] On 17 April 2013 the REEF lodged with the Fair Work Commission an amended declaration concerning the alterations mentioned above.

[3] The particulars provide for the insertion of a new rule 26 into the rules of the REEF, as well as the renumbering of current rule 26 onwards. 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 REEF.

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

[5] On 6 June 2013 the Fair Work Commission wrote to the REEF seeking consent for the Delegate of the General Manager to correct several typographical, clerical or formal errors, in accordance with section 159(2) of the Fair Work (Registered Organisations) Act 2009 (the RO Act).

[6] On 7 June 2013 the REEF consented to my correcting the typographical, clerical or formal errors as set out in the above mentioned letter dated 6 June 2013.

[7] On 28 June 2013 further amendments to the Amendment Act were passed by Parliament. The Commission wrote to the REEF on 12 July 2013 and advised that the REEF may wish to consider the implications of the further amendments upon the proposed alterations.

[8] On 3 September 2013 the REEF lodged a further letter stating that it wished to proceed with its current application. REEF also advised that it had found one further typographical, clerical or formal error in the definition of ‘relevant remuneration’ in proposed

[2013] FWCD 3463

rule 26(1) and requested that the Delegate of the General Manager correct the error in
accordance with section 159(2) of the Fair Work (Registered Organisations) Act 2009.

[9]        I consent to correcting the typographical, clerical or formal error as set out in the

REEF’s letter lodged on 3 September 2013.

[10] 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.

[11] In my opinion, the alterations comply with and are not contrary to 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

[2013] FWCD 3463

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