Union of Christmas Island Workers

[2014] FWCD 3698

[2014] FWCD 3698

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Union of Christmas Island Workers
(R2013/89)
MR ENRIGHT	MELBOURNE, 4 JUNE 2014
Alteration of other rules of organisation.

[1] On 6 June 2013, the Union of Christmas Island Workers lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to the rules of the Union of Christmas Island Workers.

[2] The particulars provide for the insertion of new rules 31, 32, 33, 34, 35 and 36 into the rules of the organisation. The alterations were made for the purpose of complying with provisions of the Fair Work (Registered Organisations) Amendment Act 2012 (the Amendment Act) regarding the rules of registered organisations. In particular, the alterations provide for specified disclosures, the implementation of policies relating to expenditure and the mandatory training of officers with duties that relate to the financial management of the organisation.

[3] Staff of the Commission contacted the organisation to discuss the content of the amendments. Following this discussion, additional rule alterations were transacted and a further notice and declaration was provided to the Commission on 17 March 2014. The particulars of the second notification provide changes to proposed rules 33(a), 35(b) and 36(a) in order to more accurately incorporate the requirements of the Amendment Act.

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

[5] On 17 March and 3 June 2014, Gordon Thomson, General Secretary, gave consent, under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009, 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 been made:

 In proposed rule 31(a)(iii)(1) a reference to sub-rule 34(c) has been corrected to 34(a);

and

 In proposed rule 36(a)(iii) a deletion has been corrected to the phrase ‘whichever is the

later’.

[6] In my opinion, the alterations comply with and are not contrary to the Fair Work (Registered Organisations) Act 2009 (the RO Act), the Amendment Act, the Fair Work Act

[2014] FWCD 3698

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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