Shop, Distributive and Allied Employees Association

[2024] FWCD 1033

[2024] FWCD 1033

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Shop, Distributive and Allied Employees Association

(R2024/72)

CHRIS ENRIGHT MELBOURNE, 5 JUNE 2024

Alteration of other rules of organisation.

1. On 24 May 2024 the Victorian Branch of the Shop, Distributive and Allied Employees Association (the Branch) 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 received on 24 May 2024 and 3 June 2024.

1. The Branch 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 and declaration and provided on 3 June 2024, I am satisfied the alterations have been made under the rules of the organisation.

1. The particulars set out alterations to Rule 44 – Casual Vacancies.

1. Rule 44(e)(2) allows State Council to choose whether to fill casual vacancies in the office of Branch Delegate/Branch Delegates to National Council, if the unexpired portion of the office’s term does not exceed the greater of:

   ·    12 months; or

   ·    three quarters of the term of office.

1. However, if State Council decides to fill the casual vacancy it must do so by appointment.

1. Under the proposed alterations a casual vacancy of the requisite type could instead be filled by an election, should the State Council determine.

1. As is presently the case the person appointed or elected to fill the casual vacancy would hold the office for the remainder of their predecessor’s term.

2. 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

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