The Pharmacy Guild of Australia
[2020] FWCD 270
•17 JANUARY 2020
| [2020] FWCD 270 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
The Pharmacy Guild of Australia
(R2019/122)
| CATHERINE LUBY | MELBOURNE, 17 JANUARY 2020 |
Alteration of other rules of organisation.
On 3 October 2019 The Pharmacy Guild of Australia (the organisation) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules. On 20 November 2019, further information in support of the application was provided.
On the information contained in the notice, I am satisfied the alterations have been made under the rules of the organisation.
The particulars set out alterations to rules 6A – Honorary Life Membership, 55B – Elections of Office Bearers of the National Council, 62 – The Branch Executive, and 76 – Committee – Election of Office Bearers.
The alteration to rule 6A makes it clear that Honorary Life Membership does not confer any of the rights or entitlements of membership upon a person who is not otherwise eligible to be member of the organisation. As altered, rule 62 provides that members of the Branch Executive are directly elected by the members of each Branch, rather than by the Branch Committee. The organisation has confirmed that this reflects current practice and is intended to cure ambiguity within the rules. The alterations to rules 55B and 76 deal with situations where members are elected or appointed to multiple offices which cannot be held concurrently. Rule 55B sets out procedures to fill offices vacated as a result of a Branch President being elected or appointed to the office of National President. Rule 76 stipulates the order in which votes must be counted by the Returning Officer in Branch Committee elections. This allows a member to nominate for multiple offices, and once elected to an office their nomination for any office lower in the hierarchy will be withdrawn.
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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