Transport Workers' Union of Australia

[2015] FWCD 7595

[2015] FWCD 7595

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Transport Workers' Union of Australia
(R2015/175)
MR ENRIGHT	MELBOURNE, 10 NOVEMBER 2015
Alteration of other rules of organisation.

[1]        On 7 August 2015 the Transport Workers' Union of Australia (the organisation)

lodged with the Fair Work Commission (the Commission) a notice and declaration setting out

particulars of alterations to the rules of the organisation.

[2]        The particulars set out alterations to rule. The alteration changes the Annual Fee to be

paid by members from 1 January 2016.

[3]        Further information was sought from the organisation on 29 October 2015 regarding

the rule altering process. Furthermore, it was brought to the attention of the organisation that

an extension of time should be lodged in accordance with Regulation 126(1)(a) of the Fair

Work (Registered Organisations) Regulations 2009 (the RO Regulations), as the notification

was lodged outside the required 35 day period.

[4]        On 29 October 2015, a supplementary declaration was lodged with the Commission.

[5]        Regulation 126(1) of the RO Regulations requires an alteration of the rules of a

registered organisation to be lodged within 35 days after the alteration is made, or within any

additional period that I may allow. The notification was lodged with the Commission on 7

August 2015, 80 days after the alterations were made by the organisation on 18 May 2015.

[6]        Regulation 126(1) provides me with the discretion to allow any additional period for

lodgement of this notification. The words 'any additional period' do not import any constraint

on the time of or on the length of the additional period; it can be 'any', including the day that

the alteration is made. An extension of time request was received from the organisation as

part of the supplementary declaration on 29 October 2015. The organisation cited in its

request the reason for late lodgement was that ‘The Director of Legal who had not previously

prepared a rule alteration…was not aware of the regulations requiring lodgement within 35

days’.

[7]        An extension of time under Regulation 126(1) is not as of right. In all the

circumstances and having considered the reasons for late lodgement for the purposes of this

application, I do not allow an additional period of 45 days. The organisation is currently in

breach of the requirements of Regulation 126 and as a result I now have to consider whether
[2015] FWCD 7595

to utilise my discretion under Regulation 126(3) to refuse to certify the alterations. I note that

the proposed alteration relates to an annual change in subscription fees payable by members,

and is unlikely to be contentious. For this reason I have determined that despite non-

compliance with Regulation 126(1) that I will not refuse to certify these alterations for want

of compliance with this Regulation. However, I remind the organisation that it is incumbent in

the future to ensure lodgement of rule alterations to the Commission within the period

required by the Regulations.

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

made under the rules of the organisation.

[9]        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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