Traffic Management Association of Australia

[2021] FWCD 208

[2021] FWCD 208

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Traffic Management Association of Australia

(R2020/193)

MURRAY FURLONG MELBOURNE, 13 April 2021

Alteration of other rules of organisation.

1. On 6 November 2020 the Traffic Management Association of Australia lodged with the Fair Work Commission a notice setting out particulars of alterations to their rules. Further material in support of the application were provided on 7 January 2021 and 8 March 2021.

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

1. The particulars set out alterations Rules

   1 – Definition and interpretation
              5 – Membership of the organisation
              6 – Management Committee
              7 - Elections
              8 – Property of the organisation
              9 – Annual General Meeting
              10 – General meetings
              11 – General.

1. Overall, the alterations make a series of minor adjustments to capitalisation and amend typographical errors. Substantive alterations, however, have been made to Rules 1, 5 and 7.

1. The alterations to Rule 1 introduce a clear definition of ‘Gross Misbehaviour’; prescribed consequences for Members of such substantiated conduct have been incorporated into Rule 5.

1. Rule 7 deals with nomination for office. Currently, a person who wishes to become a candidate for office must be supported by two nominators. The alterations to Rule 7 requires the Nominators to come from the same State as the Member they are nominating. An exception to the two Nominator rule has been made in circumstances where a State might have less than three Members, in which case the nomination may be signed by up to two representatives from another State.

1. On 8 March 2021, Stephen O’Dwyer, President of the Organisation, gave consent, under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009, for the Acting General Manager to make various amendments to the alterations for the purpose of correcting typographical, clerical or formal errors. Accordingly the following corrections have been made:

   ·   In proposed rule 1, the word ‘Nominate’ appearing in the first instance within the definition of ‘Gross Misbehaviour’ has been amended to ‘Nominated’; and

   ·   In proposed rule 5.12(a) the reference to ‘Rule 5.12(c)5.12(b)’ has been amended to read ‘Rule 5.12(c)’.

1. 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.

ACTING GENERAL MANAGER

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