Shop, Distributive and Allied Employees Association

[2020] FWCD 5016

[2020] FWCD 5016

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Shop, Distributive and Allied Employees Association

(R2020/128)

MURRAY FURLONG MELBOURNE, 23 SEPTEMBER 2020

Alteration of other rules of organisation.

1. On 26 August 2020 the Shop, Distributive and Allied Employees Association lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules. Additional information in support of the application was provided on 17 September 2020.

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

1. The particulars set out alterations to the National Rules, in particular by inserting a new rule 7A.

1. The alteration allows the organisation’s National Council and National Executive to conduct virtual meetings. For instance, this will enable the annual meeting of the National Council to proceed as a virtual meeting where a physical meeting cannot take place as a consequence of the current health regulations of the Commonwealth and the States as part of a medical or like emergency.

1. Allowing the National Council and National Executive to carry out virtual meetings advances a number of Parliamentary intentions which underpin the Fair Work (Registered Organisations) Act 2009 (the Act). The added flexibility ensures the organisation can continue to operate effectively, encourages the maintenance of efficient management and ensures that members can continue to participate in the affairs of their organisation, despite restrictions on movement and assembly.

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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