Traffic Management Association of Australia

[2014] FWCD 8082

[2014] FWCD 8082

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Traffic Management Association of Australia
(R2014/249)
MR ENRIGHT	MELBOURNE, 17 NOVEMBER 2014
Alteration of other rules of organisation.

[1] On 8 October 2014 the Traffic Management Association of Australia lodged with the Fair Work Commission a notice setting out particulars of alterations to the rules of the Traffic Management Association of Australia. Following communication with staff of the Fair Work Commission, further documentation was provided by the organisation on 10 November 2014.

[2] The particulars set out alterations to rules 9, 10 and 11 of the rules of the Traffic Management Association of Australia.

[3] The alterations facilitate the presentation of the organisation’s financial statements and audit report to a meeting of members within six months of the end of the financial year. The alterations provide that the financial statements and audit report may be presented at either an Annual General Meeting or a General Meeting held within six months of the end of the financial year; that the Secretary must call a General Meeting within six months of the end of the financial year for this purpose; and that 21 days’ notice must be given of a General Meeting at which the organisation’s financial statements and audit report will be voted upon.

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

[5] Although the alterations are capable of certification, a potential conflict arises if the financial statements are presented at an Annual General Meeting, rather than a General Meeting, held within six months of the end of the financial year. Rule 1 provides that a General Meeting does not include an Annual General Meeting. Rules 9(a)(ii) and 11.4(d), as altered, allow the financial statements to be presented at either a General Meeting or an Annual General Meeting within 6 months of the end of the financial year. However, amended rule 10.1(b) states that the Secretary must call a General Meeting within 6 months of the end of the financial year for the purposes of presenting and accepting the financial statements. This rule leaves little room for the financial statements to be validly presented for adoption at an Annual General Meeting, despite the wording of rules 9(a)(ii) and 11.4(d). For this reason, I recommend that the organisation consider transacting further alterations in future to remove the potential for conflict.

[2014] FWCD 8082

[6] 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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