Timber Merchants' Association (Victoria), the

[2013] FWCD 9826

[2013] FWCD 9826

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
The Timber Merchants' Association (Victoria)
(R2013/72)
MR ENRIGHT	MELBOURNE, 19 DECEMBER 2013
Alteration of other rules of organisation.

[1] On 30 May 2013 the Timber Merchants' Association (Victoria) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to the rules of the Timber Merchants' Association (Victoria).

[2] The particulars provide for the insertion of new rule 58 into the rules of the organisation. The alterations were made for the purpose of complying with provisions of the

Fair Work (Registered Organisations) Amendment Act 2012 (the Amendment Act) regarding

the rules of registered organisations. In particular, the alterations provide for specified disclosures, the implementation of policies relating to expenditure and the mandatory training of officers with duties that relate to the financial management of the organisation.

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

[4] The rules largely incorporate the requirements of the Amendment Act. However, for the following reasons, I believe the rules will not meet all of the requirements of the Fair

Work (Registered Organisations) Act 2009 (the RO Act) once the amendments become

operational on 1 January 2014.

[5] From 1 January 2014, section 148A(1)(a)(ii) of the RO Act will mandate that the rules of an organisation must require the disclosure, by each officer of the organisation, of any remuneration paid to the officer because the officer is a member of a Board, if the officer was nominated for the position of member of the Board by, among others, a peak council. As sub rule 58(c)(i)(ii) omits a reference to peak council, the rule will not meet all of the requirements of section 148A(1)(a)(ii).

[6] From 1 January 2014, section 148C of the RO Act will mandate that the rules of an organisation must require the disclosure, by the organisation, to its members the amount of each payment, or the total of payments, made to related parties or declared persons or bodies. As the new rule 58 omits these disclosures, the rule will not meet the requirements of section 148C.

[7] Notwithstanding the omissions noted above, the substance of the rule alterations does

comply with the statutory requirements. Although further alterations are needed this does not
[2013] FWCD 9826

prevent the certification of the alterations that have been made. However, these omissions of the references to peak council and the disclosures required by section 148C will need to be amended by the organisation as expeditiously as possible in order to ensure full compliance with the provisions of the Amendment Act.

[8] The Amendment Act[1]provides that alterations to rules of an organisation for the purpose of making provision as required by the Amendment Act can be certified by the General Manager during a transition period which commenced on 29 June 2012. Any alteration to rules that is certified during the transition period, however, does not take effect until the date of certification or the commencement of Part 2 of Schedule 1 to the Amendment

Act, whichever occurs later. Part 2 of Schedule 1 to the Amendment Act commences on

1 January 2014.[2]

[1]See Item 38 of Schedule 1 to the Amendment Act.

[2]See Section 2 of the Amendment Act.

[9] In my opinion, the alterations comply with and are not contrary to the RO Act, the Amendment 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 RO Act as modified by item 38 of Schedule 1 to the Amendment Act.

DELEGATE OF THE GENERAL MANAGER

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