The Pharmacy Guild of Australia

[2023] FWC 3360

[2023] FWC 3360

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.158(1) RO Act—Rules of organisations

The Pharmacy Guild of Australia

(D2023/7)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 20 DECEMBER 2023

Application for alteration of eligibility Rules

1. On 1 September 2023 the Pharmacy Guild of Australia (PGA) applied to the Commission under s 158(1) of the Fair Work (Registered Organisations) Act 2009 (RO Act) for the Commission to consent to an alteration of its eligibility rules. The alteration is to rule 6 to remove a gender specific determiner, ‘his’, replacing it with ‘their’, a gender neutral determiner. The altered rule is as follows:

6 – Eligibility for Membership

(d) A person appointed as Executive Director or Branch Director of the Guild, shall be deemed to be a financial member of the Guild during the term of their office.

1. Section 158(2) of the RO Act empowers the Commission to consent to an alteration to the eligibility rules of an organisation in whole or in part if the Commission is satisfied that the alteration has been made under the rules of the organisation.

1. The proposed alteration was adopted by unanimous vote of the National Council completed on 24 July 2023 in accordance with rule 57 of the PGA. The PGA appears to have satisfied the requirements of its rule alteration procedures, and I am so satisfied.

1. The PGA is also required to comply with Regulation 121 of the Fair Work (Registered Organisations) Regulations 2009 (the RO Regulations). Regulation 121 sets out the following:

121 Application for consent to change of name or alteration of eligibility rules of an organisation (s 158 (1))

(1) An organisation may apply to the FWC for the consent of the FWC under subsection 158(1) of the Act to:

(a) change the name of the organisation; or

(b) alter the eligibility rules of the organisation.

(2) An application under subregulation (1) must:

(a) be in the form set out in the Procedural Rules or in a form otherwise approved by the President; and

(b) set out:

(i) if the application is for consent to change the name of the organisation—the proposed name and the reason for the proposal; or
(ii) if the application is for consent to alter the eligibility rules of the organisation—the proposed alteration, the reason for the proposal and the effect of the proposal, in sufficient particularity to allow the proposal to be properly considered; and

(c) contain a declaration:

(i) that the change or alteration was made in accordance with the rules of the organisation; and
(ii) stating the action taken under those rules to make the change or alteration; and
(iii) verifying the facts stated in the application; and

(d) be lodged with the FWC; and

(e) if the application is for consent to alter the eligibility rules of the organisation—be lodged with a copy of the rules that are proposed to be altered.

(3) If an application under subregulation (1) is not in accordance with this regulation, the General Manager must tell the applicant how the application or statement does not comply with the regulation.

(4) An organisation that has a web site must publish on its web site a notice that it has lodged the application mentioned in subregulation (1).

1. The application was signed by Mr Christopher Owen, National Vice President (Finance) of the PGA. It is in the approved Form F68 and sets out the proposed alteration to the PGA's eligibility rules, the reason for the proposed alteration and the effect of the alteration.

2. The application contains a declaration stating that the alteration was made in accordance with the rules of the PGA, the action taken under those rules to make the alteration to the eligibility rules of the PGA and verifying the facts stated in the application.

3. A notice of the application was gazetted in the Commonwealth of Australia Gazette (Gazette) on 20 September 2023. No objections were made or received within the time prescribed.

4. I am satisfied that the PGA has complied with the requirements of Regulation 121 of the RO Regulations and after giving notice in the Gazette, that there is no objection to the change of the eligibility rules of the PGA. I have decided to consent to the alteration under s 158 of the RO Act.

1. The alteration to the eligibility rules of the PGA will take effect on 20 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR769447>