Restaurant and Catering Association of Victoria, the

[2013] FWCD 8840

[2013] FWCD 8840

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
The Restaurant and Catering Association of Victoria
(R2013/111)
MR ENRIGHT	MELBOURNE, 20 DECEMBER 2013
Alteration of other rules of organisation.

[1] On 5 December 2013, The Restaurant and Catering Association of Victoria lodged

with the Fair Work Commission a notice and declaration setting out particulars of alterations
to the rules of The Restaurant and Catering Association of Victoria (the RCAV).

[2] The particulars provide for the amendment of rule 13A and the insertion of new rule 2A into the rules of the organisation. 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] Upon examination, the Regulatory Compliance Branch (the Branch) identified errors in Rule 2A of the alterations in so far that two definitions – “relevant remuneration” and “relevant non-cash benefits” – included the word ‘branch’. These definitions are inconsistent with the structure of the RCAV which does not contain branches. Further, both definitions also referred to the ‘organisation’ although the RCAV is identified as the Association in the remainder of the rules. On 16 December 2013, the Branch contacted the RCAV to ask for consent to make amendments to the alteration under subsection 159(2) of the Act for the purpose of correcting typographical, clerical or formal errors. On the same date, the RCAV responded that it preferred not to have the errors corrected at this stage.

[4] It is my opinion that, these errors notwithstanding, the alterations comply with and are not contrary to the Fair Work (Registered Organisations) Act 2009 (the RO Act). However, it is my recommendation that, for the purpose of clarity, the RCAV amend the definitions in rule 2A at some later date.

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

[6] 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
[2013] FWCD 8840

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.

[7] 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

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