The Australian Workers' Union

[2013] FWCD 3494

[2013] FWCD 3494

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
The Australian Workers' Union
(R2013/84)
MR ENRIGHT	MELBOURNE, 22 NOVEMBER 2013
Alteration of other rules of organisation.

[1] On 5 April 2013 The Australian Workers' Union (the AWU) lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to the rules of the AWU.

[2] The particulars provide for the insertion of a new Part 11A and new rules 59A; 59B; 59C; 59D; 59E; 59F; 59G; 59H and 59I into the rules of the AWU. The alterations were made for the purpose of complying with provisions of the Fair Work (Registered Organisations) Amendment Act 2012 (the Amendment Act) regarding the rules of registered organisations. 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 AWU.

[3] On 28 June 2013 further amendments to the Amendment Act were passed by Parliament. The Commission wrote to the AWU on 28 June and 12 July 2013 providing a summary of the further amendments, and advised that the AWU may wish to consider the implications of the changes upon the proposed alterations.

[4] On 22 July 2013 the Commission received correspondence from the AWU which provided consent for the Delegate of the Commission to correct a minor typographical error under s.159(2) of the Fair Work (Registered Organisations) Act 2009 (the RO Act), and stated that the implications of the further legislative changes would be considered by the AWU at a later date.

[5] On 30 July 2013 the AWU advised that the recommendations made by the Commission in relation to the further legislative amendments would be considered by the relevant rule altering body in late August. The AWU requested the Commission hold the matter in abeyance until an amended lodgement was received, so that all relevant alterations could be certified together.

[6] On 15 October 2013 an amended application which included a further notice and declaration was lodged by the AWU with the Commission. The amended application incorporated amendments resulting from the legislative changes of 28 June 2013 as well as a minor typographical error previously identified by the Commission.

[2013] FWCD 3494

[7] On the information contained in the notices, I am satisfied the alterations have been made under the rules of the organisation.

[8] The Amendment Act[1]provides that alterations to rules of an organisation for the purpose of making provision as required by the Amendment Act can be certified by the General Manager during a transition period which commenced on 29 June 2012. Any alteration to rules that is certified during the transition period, however, does not take effect until the date of certification or the commencement of Part 2 of Schedule 1 to the Amendment

Act, whichever occurs later. Part 2 of Schedule 1 to the Amendment Act commences on

1 January 2014.[2]

[1]See Item 38 of Schedule 1 to the Amendment Act.

[2]See Section 2 of the Amendment Act.

[9] In my opinion, the alterations comply with and are not contrary to the RO Act, the Amendment 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 RO Act as modified by item 38 of Schedule 1 to the Amendment Act.

DELEGATE OF THE GENERAL MANAGER

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[2013] FWCD 3494