The Australian Retailers Association
[2021] FWCD 1228
•6 APRIL 2021
| [2021] FWCD 1228 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
The Australian Retailers Association
(R2020/217)
| MURRAY FURLONG | MELBOURNE, 6 APRIL 2021 |
Alteration of other rules of organisation.
On 7 December 2020 The Australian Retailers Association (the Association) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules. Further information in support of the application was provided on 1 and 3 March 2021.
On the information contained in the notice and subsequently provided, I am satisfied the alterations have been made under the rules of the Association.
The particulars set out alterations to rules:
17 – General Meetings
21 – ARA Council; and
39 - Elections
The alterations deal with an oversight from when the Association altered its rules several years ago.[1] A full Council term transitioned from a two-year term into a four-year term and some rules were not updated to reflect this change resulting in contradictory rules.
Rule 21.1 currently provides that Association Council members shall be elected biennially. This reference has been deleted as Council terms are now four years thus the current rule is no longer accurate. Minor changes have also been made to sub-rule 39.4(b)(i) to be in sync with the four-year Council term.
The remaining alterations seek to clarify when an elected officer or office bearer takes office resulting from a scheduled election or casual vacancy. The proposed alteration to Rule 21.2 confirms that retiring Councillors shall retain their office until the new candidate is declared elected. Incoming Councillors shall assume office at the first Association Council meeting post declared results or when the Association otherwise determines.
The requirement that candidates declared elected shall assume office at the next Annual General Meeting has been removed from sub-rule 39.4(l) as this fails to take into account instances where incoming Councillors take office where a ballot is not required, such as a casual vacancy. Sub-rule 17.1(b)(2) has consequently been deleted.
In my opinion, the alterations comply with and are not contrary to the Fair Work (Registered Organisations) Act 2009 (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.
ACTING GENERAL MANAGER
[1] [2018] FWCD 6239.
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