The Master Builders' Association of New South Wales

[2019] FWCD 3840

[2019] FWCD 3840

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

The Master Builders' Association of New South Wales

(R2019/28)

MURRAY FURLONG MELBOURNE, 24 June 2019

Alteration of other rules of organisation.

1. On 22 March 2019 The Master Builders' Association of New South Wales (the Association) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules. Further submissions in support of the application were received on 17 May 2019.

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

1. The particulars set out alterations to Rules

   14 – Election of Officers, Council of Management and powers of the same
              15 – Vacation of office and filling of vacancies on the Council
              18 – Election of Officers and their powers and duties
              19 – Arrangement of meetings.

1. Following discussions and active engagement with Commission staff, procedural errors were identified in some of the alterations transacted. The Association subsequently requested on 17 May 2019 that alterations to sub-rule 14.25 and Rule 15 and 18 be withdrawn from the application so that they might be corrected and resubmitted at a later time. I am satisfied that withdrawal of the impugned alterations will not adversely affect the remaining alterations and that each rule and alteration is capable of being found independent of any other rule or alteration.[1] I therefore agree that the alterations to sub-rule 14.25 and Rule 15 and 18 may be withdrawn from the remainder of the application so that further alterations may be transacted and lodged in due course. I now turn to the remaining alterations.

1. The remaining alterations to Rule 14 effect a number of procedural changes to the electoral process. Nominations may now be made by email or other electronic means, and an additional two weeks have been provided for the conduct of elections. A process for withdrawing nominations has been created, and it has been clarified that candidate biographies must be received prior to the close of nominations in order to be accepted for distribution. Ballot papers must also be sent within fourteen days after the closing date of nominations, and where a candidate has been elected to both a Region or Sector position they may choose to retain only one position.

1. The alterations to Rule 19 prescribe that a Special Meeting may be summoned by giving notice of the business to be transacted by way of prepaid post, email or other electronic means. Finally, in the case of a tie in the election of Executive Officers, the Returning Officer may now decide the ballot by the drawing of lots.

1. On 7 June 2019 Martin Patience, President of the Association, gave consent, under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009, 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 sub-rules 14.7.2 and 14.7.3 the words ‘returning officer’ have been capitalised;

   ·   In proposed sub-rule 14.8 the word ‘or’ following ‘within seven days’ has been changed to ‘of’, and the words Australian Electoral Commission have been taken out of parentheses; and

   ·   In proposed sub-rule 14.11 a comma has been removed from the title of the Fair Work (Registered Organisations) Act 2009.

1. 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

[1] See Re Food Preservers’ Union of Australia and Another (1988) 79 ALR 138.

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