The Australian Retailers Association

[2018] FWCD 6239

[2018] FWCD 6239

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

The Australian Retailers Association

(R2017/273)

MURRAY FURLONG MELBOURNE, 14 NOVEMBER 2018

Alteration of other rules of organisation.

1. On 14 November 2017 The Australian Retailers Association lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations its rules.

1. The particulars set out alterations to the following rules:

·4 - Powers,

·16 - Associates and Subscribers,

·21 - ARA Council,

·22 - Powers of the Ara Council,

·24 - Duties of ARA President and Vice President,

·25 - State or Category Advisory Committees,

·26 - Casual Vacancy,

·27 - Vacation of Office,

·29 - Acts of ARA Councillors,

·33 - Audit and Duties of Treasurer,

·34 - Association Accounts,

·35 - ARA Secretary,

·36 - Seal, and

·39 - Elections.

1. In addition the particulars deleted rules:

·  40 - Transitional Arrangements; and

·  41 - Guidelines containing Model Rules under s142A and s148F of the Fair Work (Registered Organisations) Act 2009 (the Act) as amended by the Fair Work (Registered Organisations) Amendment Act 2012.

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

1. The alteration to Rule 27 was subsequently withdrawn. The remaining alterations clarify:

·the objects of the organisation so far as they deal with affiliating with other associations,

·who can become an associate of the organisation,

·the powers and duties of the President, Vice President, Secretary and Treasurer,

·who can be appointed to fill a casual vacancy on the committee of management,

·how the organisation meets its financial reporting obligations,

·who can sign documents on the organisation’s behalf, and

·the manner in which people are elected to office.

1. The alterations also prospectively increase the terms of office for members of the organisation’s committee of management, from two to four years.

1. In addition, there are a number of minor amendments. These include renumbering, the use of plain English and the deletion of an existing rule that deals with loans, grants and donations, the content of which has been reincorporated elsewhere in the rules.

1. On 13 July 2018, Damon Thomas, ARA Compliance Director, gave consent, under subsection 159(2) of the Act, 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:

·   In proposed rule 10.4 the word member’s has been changed to members;

·   In proposed rule 34.3 the reference to rule 34.9 has been changed to 34.8; and

·   In proposed rule 34.3 the reference to 14 days has been changed to 21 days.

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

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