Restaurant & Catering Industrial

[2015] FWCD 2838

[2015] FWCD 2838

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Restaurant & Catering Industrial
(R2015/76)
MR ENRIGHT	MELBOURNE, 13 JULY 2015
Alteration of other rules of organisation.

[1]        On 14 April 2015 the Restaurant & Catering Industrial (the organisation) lodged with

the Fair Work Commission (the Commission) a notice and declaration setting out particulars

of alterations to the rules of the organisation.

[2]        The particulars set out alterations to rules 11, 14A and 14B of the rules of the

organisation.

[3]        On 29 April 2015 the Commission wrote to the organisation stating that the period of

notice which provided for the Executive Committee meeting held on 13 April 2015 to endorse

the alterations, was not compliant with rule 16 of the organisation’s rules, which required a

notice of seven days prior to each meeting. As such, the matter could not progress until a

notification had been lodged confirming that the rule altering requirements of the

organisation’s rules had been complied with. The correspondence also recommended some

minor clerical corrections to the proposed alterations in rules 14A and 14B.

[4]        On 20 May 2015, the organisation lodged a further declaration, dated 12 May 2015.

The further declaration set out the rule altering procedures undertaken, which included

provision of seven clear days of notice of the meeting at which the resolution to alter the rules

was passed, in accordance with rule 16 of the organisation’s rules. The further declaration

also incorporated the minor clerical corrections referred to above.

[5]        On the information contained in the notice and the further declaration dated 12 May

2015, I am satisfied the alterations have been made under the rules of the organisation.

[6]        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.
[2015] FWCD 2838

DELEGATE OF THE GENERAL MANAGER

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