Transport Workers' Union of Australia
[2017] FWCD 6923
•21 DECEMBER 2017
| [2017] FWCD 6923 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Transport Workers' Union of Australia
(R2017/304)
| MURRAY FURLONG | MELBOURNE, 21 DECEMBER 2017 |
Alteration of other rules of organisation.
On 20 December 2017 the Transport Workers' Union of Australia (the Union) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules.
The particulars set out an alteration to Rule 8. The alteration increases the annual fee payable in connection with membership of the Union, effective 1 January 2018.
The alterations were transacted on 18 May 2018. This means they were lodged almost six months after the expiry of the period prescribed by Regulation 126(1)(a). The Union explained that it attempted to lodge the alterations by email on 22 August 2017. However, the email was not received by the Fair Work Commission because it was sent to an address that is no longer operative. The Union did not become aware of its error until 20 December.
Regulation 126(1) provides me with a discretion to allow an additional period for lodgement of the notification. The initial email was forwarded to an address that the Commission previously provided for the lodgement of rule alterations. The Union took immediate steps to lodge the alterations once it discovered its error. I therefore allow an additional period, until 20 December 2017, for the lodgement of the alterations. However, I note that even if the alterations had been received on 22 August 2017, they would have been lodged outside the prescribed period. I remind the Union that the granting of an additional period is not as of right and that it is incumbent on registered organisations to comply with the obligations set down in the Fair Work (Registered Organisations) Act 2009 (the Act).
On the information contained in the notice, I am satisfied the alterations have been made under the rules of the organisation.
In my opinion, the alterations comply with and are not contrary to the 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 Act.
DELEGATE OF THE GENERAL MANAGER
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