Shop, Distributive and Allied Employees Association

Case

[2019] FWCD 7882

21 NOVEMBER 2019


[2019] FWCD 7882

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Shop, Distributive and Allied Employees Association

(R2019/123)

MURRAY FURLONG

MELBOURNE, 21 NOVEMBER 2019

Alteration of other rules of organisation.

  1. On 4 October 2019, 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 the rules of the Branch (the Branch Rules).

  1. The particulars set out the insertion of new rule 22A – Life Membership, and alterations to the following Branch Rules:

·  Rule 20 – Duties of Officers;

·  Rule 22 – New Members; and

·  Rule 24 – Application of Funds.

  1. As its title suggests, new rule 22A provides that the Committee of Management of the Branch may confer life membership upon certain categories of persons. Such members shall not be eligible to hold an elected position nor vote in elections for office within the Branch.

  1. The alterations to rule 20 provide that membership will commence from the date that the relevant membership application is administratively processed. The Committee of Management will continue to review the admission of new members.

  1. Finally, the alterations to rule 24 provide that funds for ordinary purposes may be withdrawn by cheque signed by any two of the principal five officers of the Branch and that funds may also be withdrawn by electronic funds transfer authorised in a similar manner. The alterations to rule 20 are necessary amendments arising as a consequence of the alterations to rule 24.

  1. On 19 November 2019, the Branch confirmed that a notice had been published on its website in accordance with regulation 126(1)(b) of the Fair Work (Registered Organisations) Regulations 2009.

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

  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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