Traffic Management Association of Australia

[2015] FWCD 7873

[2015] FWCD 7873

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Traffic Management Association of Australia
(R2015/247)
MR ENRIGHT	MELBOURNE, 24 NOVEMBER 2015
Alteration of other rules of organisation.

[1]        On 8 October 2015 the Traffic Management Association of Australia (the

Organisation) lodged with the Fair Work Commission a declaration setting out particulars of

alterations to the rules of the Organisation (TMAA Rules).

[2]        The particulars of the rule alterations include among other things the following

changes:

	The removal of references to the (now defunct) Interim Inaugural Management
Committee (the deletion of subrule 6.13);
	The establishment of Divisions of the Organisation that are representative of each
State and Territory of the organisation in which members reside; and clarification
of the functions and duties of those new Divisions (new subrule 5.5);
	Clarification of the composition and electorate of the Management Committee of
the organisation (alterations to subrule 6.1);
	Extension of terms of office for Members of the Management Committee from one
to two years with appropriate transitional provisions (alterations to subrules 6.1
and 6.7);

 Adjustment to quorum and adjournment requirements for meetings of the

Management Committee; the proposed quorum for the Management Committee

being three (alterations to subrule 6.10);

	Clarification of reasons for removal from office of a member of the Management
Committee, specifically that a member has ceased, under the rules of the
organisation, to be eligible to hold the office (new subrule 6.12);
	Changes to the method of elections for the Management Committee (changes to
rule 7), specifically in relation to the conduct of direct elections of the Members of
the Management Committee (subrules 7.3–7.8) and the conduct of collegiate
elections of the Offices of President, Vice President, Treasurer and Secretary
(subrule 7.9);
	the updating of rule cross-references where necessary; and

[2015] FWCD 7873

 other related and consequential amendments.

[3]        On the information contained in the notice, I am satisfied the alterations have been

made under the rules of the organisation.

[4]        I note that in the altered rulebook attached to the application an additional subrule (e)

was appended to subrule 6.9, stating that Chairs of each Division may attend the meetings of

the Management Committee and, with the invitation of the Committee, participate in

discussions but not be eligible to vote. However, the Minutes attached to the application do

not state that this proposed alteration was presented to the members in accordance with

subrule 11.2 of the TMAA Rules. Consequently proposed subrule 6.9(e) has not been made

and is not before me for consideration.

[5]        I note, however, that the content of the subrule is essentially replicated in the proposed

new rule relating to Divisions and Chairs (subrule 5.5), which was voted on by the members

at the General Meeting.

[6]        Alterations to proposed subrules 9.5(a)(iii) and (iv), also in the altered rulebook

attached to the application, state that an election for office bearers shall occur at each biennial

annual general meeting on and from 2016 and that the elected office bearers shall be

presented at the conclusion of that meeting. Similarly, the Minutes attached to the application

do not state that these proposed alterations were presented to the members in accordance with

subrule 11.2 of the TMAA Rules and, as a result, these alterations have not been made and are

not before me for consideration.

[7]        A minor ambiguity will arise if subrules 9.5(a)(iii) and (iv) are not altered; however, I

am satisfied that any ambiguity arising from the unchanged rules is not so ambiguous as to

impose upon members, or applicants for membership, conditions, obligations or restrictions

that are oppressive, unreasonable or unjust within the meaning of section 142(1)(c) of the Fair

Work (Registered Organisations) Act 2009 (the RO Act). In order to eliminate the minor

ambiguities in relation to subrules 9.5(a)(iii) and (iv), I recommend that the Organisation take

steps to alter the rules to clearly define the particular business to be conducted at biennial

annual general meetings beginning from 2016.

[8]        On 17 November 2015, Brendan Woods, President of the Organisation, gave consent,

under subsection 159(2) of the RO Act, for the Delegate to make various amendments to the

alterations for the purpose of correcting typographical, clerical or formal errors. Accordingly

the following corrections have also been made to the rules of the Organisation:

	In proposed Rule 5.5, replace “rule 7” with “Rule 7”;
	In proposed Rule 5.5, replace “Meeting” with “Meetings”;
	In proposed Rule 6.12(a) – replace “guily” with “guilty”;
	In proposed Rule 6.12(a)(i) – replace “misapropriation” with “misappropriation”;
	In proposed Rule 6.12(a)(iii) – replace “misbeahviour” with “misbehaviour”;
	In proposed Rule 7.1 – at third paragraph, replace “2” with “two (2)”;
	In proposed Rule 7.4(a) “Nominations for the Management Committee...” renumber as
proposed Rule 7.4(b);

[2015] FWCD 7873

	In proposed Rule 7.4(g) – replace “Returning Office” with “Returning Officer”;
	In proposed Rule 7.5(d) – replace “rules” with “Rules”;
	In proposed Rule 7.8(b) – replace “Rule 7.6(c)” with “Rule 7.8(c)”;
	In proposed Rule 7.8(c) – replace “Rule 7.6(b)” with “Rule 7.8(b)” where it occurs;
	In proposed Rule 7.9(a) – replace “Vice President” with “Vice-President”;
	In proposed Rule 7.9(b) – replace “Vice President” with “Vice-President”;
	In proposed Rule 7.9(c), (c), (d), (d), (e), (d) – renumber as (c), (d), (e), (f), (g), (h);
and
	In proposed Rule 7.9(g) – add a full-stop at the end of the sentence.

[9]        In my opinion, the alterations comply with and are not contrary to the RO 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.

DELEGATE OF THE GENERAL MANAGER

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