Shop, Distributive and Allied Employees Association
[2020] FWCD 3649
•27 JULY 2020
| [2020] FWCD 3649 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Shop, Distributive and Allied Employees Association
(R2020/77)
| MURRAY FURLONG | MELBOURNE, 27 JULY 2020 |
Alteration of other rules of organisation.
On 18 June 2020 the Western Australian Branch of the Shop, Distributive and Allied Employees Association (the Branch) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules. Further material in support of this application was lodged on 8 July 2020.
On the information contained in the notice and subsequently received, I am satisfied the alterations have been made under the rules of the organisation
The particulars set out the insertion of Rule 12A.
Rule 12A enables the Branch to present its full financial reports to the Committee of Management instead of a general meeting of its members. However, should 5% of the membership of the Branch call for a special general meeting to consider a financial report, a general meeting will be convened for that purpose.
Rule 12A does not preclude tabling copies of the full financial reports at a special general meeting of the members pursuant to the Fair Work (Registered Organisations) Act 2009 (the Act), but the adoption of a 5% rule means this process is not mandatory. The Branch is seeking to incorporate the optional financial reporting procedure outlined within the Act. The adoption of such a rule has also been suggested by the Registered Organisations Commission.[1]
The Act governs the financial reporting obligations of registered organisations. Rule 12A is consistent with section 266(3):
If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).
In my opinion, the alterations comply with and are not contrary to the 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 Act.
DELEGATE OF THE GENERAL MANAGER
[1] See Registered Organisations Commission Quarterly Newsletter, 28 August 2019 “Tips: Financial Reporting Meetings.”
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