Shop, Distributive and Allied Employees Association

[2019] FWCD 7735

[2019] FWCD 7735

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Shop, Distributive and Allied Employees Association

(R2019/131)

MURRAY FURLONG MELBOURNe, 3 december 2019

Alteration of other rules of organisation.

1. On 22 October 2019, the Victorian 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 the rules of the Branch (the Branch Rules).

1. The particulars set out alterations to alterations to rules 9, 13, 14, 41, 42 and 44 of the Branch Rules.

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

1. The alterations to rules 9 and 41 have the effect that the Hair, Beauty & Modelling Division delegate to Conference will no longer also hold office as a State Councillor. In this regard, it should be noted that the holder of this office will continue to also hold office as a member of State Council until the commencement of the first State Council election held after 1 October 2019.

1. The alteration to rule 42 provides an alternative ground of eligibility in order to nominate for the offices of Secretary/Treasurer and Assistant Secretary/Treasurer. That rule currently set outs a requirement that the relevant candidate must have been a financial member of the Branch for a period of two years immediately preceding the close of nominations. The alteration will add an alternative ground of eligibility, namely, that the candidate has been an “Officer” of the Branch (as defined in the Branch Rules) for a period of six months immediately preceding the close of nominations.

1. The alteration to rule 44 reduces the requisite period of time (from one year to six months) in order to be eligible to be appointed by State Council to fill a casual vacancy arising in the office of Secretary/Treasurer or Assistant Secretary/Treasurer.

1. The alteration to rule 13 clarifies that a member of the Branch Conference may resign his or her position without notice.

1. The alteration to rule 14 pertains to the temporary absence of an “Officer” of the Branch.

2. 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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