Traffic Management Association of Australia

[2024] FWCD 1005

[2024] FWCD 1005

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Traffic Management Association of Australia

(R2023/127)

CHRIS ENRIGHT MELBOURNE, 13 FEBRUARY 2024

Alteration of other rules of organisation.

1. On 28 November 2023 the Traffic Management Association of Australia (TMAA) lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to its rules. A further submission in support of the alterations was lodged on 12 December 2023.

1. The TMAA seeks certification of the alterations under s.159 of the Fair Work (Registered Organisations) Act 2009 (the Act).

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

1. The particulars set out alterations to rules:

6.5         Secretary

6.10       Quorum for, and adjournment of, Management Committee meeting

6.13       Chief Executive Officer

7.1         Methods of Election

7.4         Nominations

9.5         Business at an Annual General Meeting; and

11.7       Disclosure.

1. Overall, the alterations make minor adjustments to amend typographical errors, including the removal of Rule 7.1 which was a duplicate of the provision at Rule 7.3 and refers to the direct election of members of the management committee. Substantive alterations, however, have been made to Rules 6.10 and 6.13(a).

1. The alterations to Rule 6.10 change the quorum of the management committee meeting from ‘three (3) persons’ to ‘such number of members as is greater than fifty (50) percent of Management Committee members and shall include at least one (1) office bearer’.

1. The alterations to Rule 6.13(a) remove the words ‘for an annual term’ in respect to the appointment of the Chief Executive Officer.

1. It was noted during the processing of this matter that in Rule 6.5(b) there is an incorrect reference to Rule 6.14(b). Although the Commission has previously recommended in correspondence that this incorrect reference should be addressed in future alterations, it has not been amended and I am unable to correct it here. To correct this reference, the TMAA will need to follow its rule altering procedure anew to amend Rule 6.5(b) and lodge a fresh rule alteration with the Commission, in accordance with the Act.

1. In my opinion, the alterations comply with and are not contrary to the Act, the Fair Work Act 2009 (Cth), modern awards and enterprise agreements, are not otherwise contrary to law and were made under the rules of the organisation. I certify accordingly under subsection 159(1) of the Act.

DELEGATE OF THE GENERAL MANAGER

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