Shop, Distributive and Allied Employees Association

[2024] FWCD 1064

[2024] FWCD 1064

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Shop, Distributive and Allied Employees Association

(R2024/167)

CHRIS ENRIGHT MELBOURNE, 12 DECEMBER 2024

Alteration of other rules of organisation.

1. On 4 November 2024 the Shop, Distributive and Allied Employees Association (SDAEA) lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to its rules. Further information in support of the alterations was provided on 15 and 22 November 2024.

1. The SDAEA seeks certification of the alterations under section 159 of the Fair Work (Registered Organisations) Act 2009 (the Act).

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

1. The particulars set out alterations to Rule 5 – Membership and Rule 36 – Branches.

1. The alterations have been made to clarify the rules in relation to membership of branches. The changes streamline the process for determining membership within certain branches by removing the discretion afforded to the National Council and National Executive. As a result, all members based in the Australian Capital Territory will join the New South Wales Branch, and all members in the Northern Territory will become members of the South Australian Branch (renamed as the ‘South Australian and Northern Territory Branch’).

1. These alterations complement amendments by the SDAEA South Australian Branch which are currently before the Commission for consideration.[1] Those alterations will change the branch name from ‘South Australian Branch’ to ‘South Australian and Northern Territory Branch’ within the separate branch rules.

1. Changes to Rule 36 also remove the provisions outlining certain duties of the National Secretary-Treasurer to bring proceedings on behalf of the organisation with respect to matters pertaining to employment or disputes arising under any industrial instruments in the Territories. These duties are, in effect, already overseen at the branch level of the organisation within both the New South Wales and South Australian and Northern Territory Branches, which encompass members located in the Australian Capital Territory and Northern Territory.[2]

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, are not otherwise contrary to law and were made under the rules of the organisation. I certify accordingly under subsection 159(1) of the Act.

DELEGATE OF THE GENERAL MANAGER

[1] R2024/142.

[2] See for instance Rules 13 and 15 of SDAEA New South Wales Branch rules, and Rules 16.5.6 and 18.2.2 of the SDAEA South Australian and Northern Territory Branch rules.

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