Screen Producers Association of Australia

Case

[2014] FWCD 1821

11 JULY 2014


Details
AGLC Case Decision Date
Screen Producers Association of Australia [2014] FWCD 1821 [2014] FWCD 1821 11 JULY 2014

CaseChat Overview and Summary

The Screen Producers Association of Australia sought to alter its rules in accordance with the Fair Work (Registered Organisations) Act 2009 (the Act). The Delegate of the General Manager of Fair Work was required to consider the alterations. The Delegate found that some of the alterations contravened the Act. The Delegate was unable to certify the following alterations: alterations to rules 3, 6, 8, 9, 10, 11, 12, 15, 15A, 16, 19, 20 (not including the insertion of new rule 20), 23, 26 and the deletion of rules 13 and 25. However, the Delegate certified all other alterations. The Delegate found that most of the alterations were severable from the uncertifiable alterations and should be approved. The Delegate recommended that the organisation remedy the double numbering of certain rules as soon as practicable.
Details

Areas of Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Alteration of Rules

  • Unjust Conditions

  • Democratic Participation

  • Severability

Actions
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Cases Citing This Decision

8

Cases Cited

11

Statutory Material Cited

0

James v Cowan [1930] HCA 48
Ludwig v Harrison [1996] IRCA 97
Avonlea & Daxton [2023] FedCFamC2F 1377