Timber Trade Industrial Association

[2013] FWCD 3629

[2013] FWCD 3629

DECISION
Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Timber Trade Industrial Association
(R2013/78)
(R2013/78)
CHRIS ENRIGHT	MELBOURNE, 4 DECEMBER 2013
Alteration of other rules of organisation.

[1] On 31 May 2013 the Timber Trade Industrial Association (TTIA) lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to the rules of the TTIA.

[2] The particulars provide for the insertion of new rules 36, 37, 38, 39, 40 and 41 into the rules of the TTIA. 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 TTIA.

[3] On 28 June 2013 further amendments to the Amendment Act were passed by Parliament. The Commission wrote to the TTIA on 8 July 2013 to provide a summary of the changes, and advised that the TTIA may wish to consider the implications of the further amendments upon the proposed alterations. In particular, it recommended altering the proposed rule 39(2) to encompass the new provisions of s.148C(2A) of the Amendment Act. Whilst this discrepancy did not affect the Commission’s ability to certify the proposed alterations, the Commission proposed that the TTIA might wish to remove the unnecessary disclosure requirements from its rulebook.

[4] On 8 October 2013 the Commission contacted the TTIA to discuss the abovementioned implications and the likelihood of a further resolution being made during 2013. On 2 December 2013 the Commission contacted the Secretary / Treasurer of the TTIA and it was agreed that the alterations would be forwarded to the Delegate of the General Manager of the Commission for consideration and certification. The TTIA will be able to make a separate application for alteration of the rules to remove the excess disclosure requirements subsequent to the certification of the current matter before the Commission.

[2013] FWCD 3629

[5] On the information contained in the notice, I am satisfied the alterations were made in accordance with the rules of the organisation.

[6] 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.

[7] In my opinion, the alterations comply with and are not contrary to the Fair Work (Registered Organisations) Act 2009 (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

FAIR WORK COMMISSION

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