Shop, Distributive and Allied Employees Association

[2020] FWCD 6177

[2020] FWCD 6177

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Shop, Distributive and Allied Employees Association

(R2020/181)

MURRAY FURLONG MELBOURNE, 24 NOVEMBER 2020

Alteration of other rules of organisation.

1. On 23 October 2020, the Shop, Distributive and Allied Employees Association (SDA) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to the rules of the SDA

1. The particulars set out alterations to the following rules:

·  23 – Contributions and Entrance Fees;

·  26 – Unemployed Members (retitled as “Waiver”); and

·  32 – Affiliation Fees.

1. The alteration to rule 23 removes the specified maximum limit of the amount of contributions payable by members and provides that the National Executive will fix this amount.

1. The alterations to rule 26 significantly expand the categories of members which may be eligible to receive an exemption from the payment of contributions. Exemptions may be granted to a member or class of members by a Branch of the SDA with exemptions granted on several specified grounds being subject to any decision of the National Executive or National Council. Exemptions may be granted for all or part of the contributions that would otherwise have been payable.

1. The alterations to rule 32 specify that the annual affiliation fee paid by a Branch of the SDA relates to the calendar year in which it is payable.

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

1. 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.

DELEGATE OF THE GENERAL MANAGER

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