The Australian Maritime Officers' Union

[2020] FWCD 6345

[2020] FWCD 6345

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

The Australian Maritime Officers' Union

(R2020/177)

MURRAY FURLONG MELBOURNE, 8 DECEMBER 2020

Alteration of other rules of organisation.

1. On 21 October 2020 The Australian Maritime Officers' Union (the Union) lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to its rules.

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

1. The particulars set out alterations to Rules 43 and 84.

1. The Fair Work (Registered Organisations) Act 2009 (the Act) enables organisations to adopt a rule whereby a specified percentage of members are able to call a general meeting for the purpose of considering the auditor’s report, the general purpose financial report and the operating report.[1]

1. Rule 43 currently provides that at least 5% of the financial members may requisition a General Meeting for the purpose of considering the Full Report. The Union seeks to remove the word ‘financial’ wherever appearing in this Rule. The alteration is necessary for the Union to be able to give effect to this Rule as the current wording is inconsistent with the Act.

1. The alteration to Rule 84 changes the Union’s financial year to the twelve-month period between 1 July and 30 June each year. The proposed financial year is consistent with the definition of ‘financial year’ under the Act.[2]

1. Section 240 of the Act states:

Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:

(a) the commencement of the first financial year after the change; and

(b) the end of the preceding financial year;

is to be taken for the purposes of this Part, to be a financial year.

1. I would draw the Union’s attention to a decision of a Full Bench of the Commission in Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Registered Organisations Commission,[3] which considered the application of this section.

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] See s 266(3) of the Act.

[2] See s 6 of the Act.

[3] [2018] FWCFB 16.

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