Real Estate Employers' Federation of South Australia and the Northern Territory

[2013] FWCD 10092

[2013] FWCD 10092

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Real Estate Employers' Federation of South Australia and the Northern

Territory

(R2013/107)

MR ENRIGHT	MELBOURNE, 20 DECEMBER 2013
Alteration of other rules of organisation.

[1] On 28 June 2013, the Real Estate Employers' Federation of South Australia and the Northern Territory (the REEFSANT) lodged with the Fair Work Commission (the

Commission) a notice and declaration setting out particulars of alterations to the rules of the

REEFSANT.

[2] The particulars set out alterations to the Preamble of, and the insertion of new rules 9.5.3, 9.11, 9.12, 9.13 and 9.14 into, the rules of the REEFSANT. 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 2 December 2013, the Commission wrote to the REEFSANT seeking confirmation that a notice had been published on the web site of the REEFSANT in accordance with regulation 126(1)(b) of the Fair Work (Registered Organisations) Regulations 2009 (the

Regulations).

[4] On 20 December 2013, confirmation was given by the REEFSANT through its legal

representative that a notice has been published on the web site of the REEFSANT noting that
the notice of particulars was lodged with the Commission.

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

[6]        On 20 December 2013, the REEFSANT 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:

 The second proposed sub-rule numbered 9.11.3 as it appears after sub-rule 9.12.2
was renumbered as 9.12.3.

[2013] FWCD 10092

 In the proposed sub-rule referred to above, the reference to “this Sub-rule” as it appears immediately after the words “any interests that are disclosed under” was omitted and replaced with the words “Sub-rule 9.12.1”.

[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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