The Breweries and Bottleyards Employees' Industrial Union of Workers of Western Australia

[2018] FWCD 1671

[2018] FWCD 1671

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

The Breweries and Bottleyards Employees' Industrial Union of Workers of Western Australia

(R2018/44)

MURRAY FURLONG MELBOURNE, 5 APRIL 2018

Alteration of other rules of organisation.

[1] On 8 March 2018 The Breweries and Bottleyards Employees' Industrial Union of Workers of Western Australia lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules.

[2] The particulars set out alterations to rules 4, 6, 7, 10, 10.A, 10.B, 10.C, 17 and delete rule 10.D.

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

[4] The Fair Work (Registered Organisations) Amendment Act 2012 required the rules of organisations to include provisions compelling 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 organisation.

[5] The Fair Work (Registered Organisations) Amendment Act 2016 repealed those requirements and introduced statutory disclosure obligations relating to remuneration paid to officers and material personal interests of officers.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.

[6] The alterations remove from the rules the substantive provisions dealing with special disclosures and insert in their place new provisions which refer to the financial management training and disclosure obligations imposed on the organisation by Part 2A of Chapter 9 the Fair Work (Registered Organisations) Act 2009.

[7] In addition, alterations have been made to reflect the financial arrangements the organisation has with its State registered entity.

[8] In my opinion, the alterations comply with and are not contrary to the Fair Work (Registered Organisations) Act 2009, 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 Fair Work (Registered Organisations) Act 2009.

DELEGATE OF THE GENERAL MANAGER

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