The Civil Air Operations Officers' Association of Australia
[2021] FWCD 671
•6 APRIL 2021
| [2021] FWCD 671 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
The Civil Air Operations Officers' Association of Australia
(R2020/224)
| MURRAY FURLONG | MELBOURNE, 6 APRIL 2021 |
Alteration of other rules of organisation.
On 21 December 2020 The Civil Air Operations Officers' Association of Australia (the Association) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules.
On the information contained in the notice, I am satisfied the alterations have been made under the rules of the Association.
The particulars set out alterations to
24 – Meetings – National Executive
34 – Holding of Office – Divisional Delegate Qualifications and Tenure; and
44 – Necessitous Circumstances Fund (Loss of Licence)
Rule 24 currently provides that a quorum for a meeting of the National Executive shall be twelve (12) members. The alterations decrease the quorum to ten (10) members.
The alteration to Rule 34 replaces gendered language with gender neutral language.
Rule 44 establishes a Necessitous Circumstances Fund (Loss of Licence) where members who have experienced hardship associated with the loss of their Air Traffic Control Licence due to inability to satisfy medical requirements may make a claim for benefits. Sub-rule 44(11)(a) has been altered so that members must obtain the opinion of an appropriate Medical Practitioner, Treating Specialist or Designated Aviation Medical Examiner regarding their medical capabilities as opposed to an appropriate Medical Officer. An obsolete definition has also been removed from Rule 44.
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
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