The Motor Trade Association of South Australia Incorporated

[2020] FWCD 1000

[2020] FWCD 1000

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

The Motor Trade Association of South Australia Incorporated

(R2019/148)

MURRAY FURLONG MELBOURNE, 6 April 2020

Alteration of other rules of organisation.

1. On 22 November 2019, The Motor Trade Association of South Australia Incorporated (the Association) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to the rules of the Association (the Rules).

1. The notice of particulars indicate that the Association has adopted a new set of rules which effectively replaces the Rules as they presently stand. All of the provisions in the Rules have been amended in some form including those constituting the eligibility rules of the Association.

1. With regard to the alteration to the eligibility rules, I note that on 30 March 2020, Deputy President Colman consented to their alteration in the terms sought by the Association in its application. Those alterations take effect today, 6 April 2020.

1. The effects of the alterations to the non-eligibility rules of the Association include:

·  Abolishing the two-tier management structure with a Board of Management and Executive Committee and establishing a single committee of management constituted by the Board;

·  Changing the composition of the Board so that it will consist of seven members (with at least one such member being a Zone Representative) rather than the President, Past-President and Vice President and representatives from each Trade Division, Country Zone and a representative of the Members;

·  Modifying the provisions concerning the establishment of Divisions and Zones including the establishment of a General Division comprising members not otherwise attached to a Division. In this regard, the establishment of Divisions and Zones will remain within the prerogative of the Board;

·  Abolishing the role of President and Vice President and the establishing the broadly corresponding offices of Chair and Deputy Chair. Unlike those former offices, the Chair and Deputy Chair will be elected by and from the members of the Board in a collegiate electoral system; and

·  Establishing an Industry Advisory Council which will act in an advisory capacity to the Board regarding the industry policies of the Association and a Finance, Audit and Investment Committee which may be delegated day-to-day management of the Associations finance, audit and investment functions subject to any directions from the Board.

1. New rule 33 sets out the transitional arrangements that apply upon certification of the alterations. More specifically, it provides that the current members of the Executive Committee and the Board of Management will be appointed to the newly established Board and Industry Advisory Council respectively. The persons appointed to those offices/positions will hold office until the next Annual General Meeting and subsequently filled by those elected to those offices/positions.

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

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

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