The Australian Industry Group

[2017] FWCD 3307

[2017] FWCD 3307

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

The Australian Industry Group

(R2017/97)

AILSA CARRUTHERS MELBOURNE, 3 JULY 2017

Alteration of other rules of organisation.

1. On 1 June 2017 The Australian Industry Group lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules. Further information regarding the rule alteration procedure was provided on 23 June 2017.

1. The particulars set out alterations to rules 4, 27, 28, 29, 30, 31, 33, 37, 39 of the rules of the organisation and insert Rule 29A.

1. By way of background, from 2012 onwards, organisations were required to amend their rules in order to comply with the Fair Work (Registered Organisations) Amendment Act 2012 (the Amendment Act 2012). The Amendment Act 2012 inserted Division 3A of Chapter 5, as well as sections 154C and 154D, of the Fair Work (Registered Organisations) Act 2009 (the Act), which had required rules of organisations to include provisions compelling specified disclosures (the old disclosure rules), the implementation of policies relating to expenditure and the mandatory training of officers with duties that relate to the financial management of the organisation.

1. The Fair Work (Registered Organisations) Amendment Act 2016 (the Amendment Act 2016) repealed the requirements of the Amendment Act 2012 as outlined above. Part 2A of Schedule 2 of the Amendment Act 2016 introduces statutory disclosure obligations about remuneration paid to officers and material personal interests of officers. It also restricts disclosing officers from taking part in decision making in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.

1. In the main, the alterations were made as a consequence of the Amendment Act 2016. The alterations remove the old disclosure rules, require disclosures consistent with the Act as amended in 2016 and address matters relating to the appointment of, and liaison with, auditors.

1. The Amendment Act 2016 also inserted paragraph 141(1)(b)(iia)[1] of the Act. That paragraph makes it mandatory for the rules of organisations to provide for the keeping of minute books for the recording of proceedings and resolutions of meetings of committees of management of the organisation and its branches. The alterations so provide.

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

1. On 23 June, Russell Rolls, National Secretary-Treasurer, gave consent, under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009, for the Delegate to make various amendments to the alterations for the purpose of correcting typographical, clerical or formal errors. Accordingly the following corrections have been made:

   ·   The reference in the alterations to “sub rules 28(1) to (7) inclusive” should read “sub rules 28(1) to (8) inclusive; and

   ·   The reference in the alterations to the new sub rule 30(2) should not repeat “to be lodged” in line 6 of that alteration.

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

DELEGATE OF THE GENERAL MANAGER

[1] Section 19 of Part 1 of Schedule 2 of the Fair Work (Registered Organisations) Amendment Act 2016

Printed by authority of the Commonwealth Government Printer

<Price code A, PR593914>