Showmen's Guild of Australasia, the

[2015] FWCD 4394

[2015] FWCD 4394

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
The Showmen's Guild of Australasia
(R2015/92)
MR ENRIGHT	MELBOURNE, 30 JUNE 2015
Alteration of other rules of organisation.

[1]        On 29 April 2015, The Showmen's Guild of Australasia (the organisation) lodged with

the Fair Work Commission (the Commission) a notice and declaration setting out particulars

of alterations to the rules of the organisation. The alterations were made for the purpose of

complying with provisions of the Fair Work (Registered Organisations) Amendment Act 2012

(the Amendment Act).

[2]        The particulars insert new rules 49, 49A, 49B, 49C, 49D and 49E into the rules of the

organisation. In particular, the alterations provide for specified disclosures, the

implementation of policies relating to expenditure and the mandatory training of officers with

duties that relate to the financial management of the organisation.

[3]        I remind the organisation that compliance with statutory requirements is fundamental

to the proper functioning of registered organisations and I urge the organisation to carefully

consider its compliance performance. I am concerned that it has taken the organisation

approximately 16 months to include the mandatory changes of the Amendment Act in its

rules.

[4]        While I acknowledge that the organisation has been in discussions with Commission

staff during this period, it is incumbent on registered organisations to act expeditiously to

ensure strict compliance with legislative requirements. The Regulatory Compliance Branch

of the Commission proposes to monitor the compliance performance of the organisation and

ensure an appropriate regulatory response in the event of future non compliance.

[5]        On the information contained in the notice, I am satisfied the alterations have been

made under the rules of the organisation.

[6]        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.
[2015] FWCD 4394

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