United Firefighters' Union of Australia-West Australian Branch

Case •

[2018] FWCD 7518

•

12 DECEMBER 2018
[2018] FWCD 7518

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

United Firefighters' Union of Australia-West Australian Branch

(R2018/263)

MURRAY FURLONG

MELBOURNE, 12 DECEMBER 2018

Alteration of other rules of organisation.

  1. On 16 October 2018 the United Firefighters' Union of Australia-West Australian Branch (the Branch) lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to its rules. Additional information clarifying the steps taken under the rule altering procedure was received on 11 December 2018.

  1. The particulars set out alterations to Schedule 5 Rule 12 - Financial year.

  1. The alteration to this rule changes the end of the Branch’s financial year from 31st December to 30th June.

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

  1. Section 6 of the Fair Work (Registered Organisations )Act 2009 (the Act) defines a financial year as:

(a) the period of 12 months commencing on 1 July in any year; or

(b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation — the other period of 12 months.

Note: Section 240 provides for a different financial year in special circumstances.

  1. Section 240 of the Act states:

    Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:

(a) the commencement of the first financial year after the change; and

(b) the end of the preceding financial year;

is to be taken for the purposes of this Part, to be a financial year.

  1. I would draw to the Branch’s attention a recent decision of a Full Bench of the Commission in Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Registered Organisations Commission [[2018] FWCFB 16], which considered the application of this section.

  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.


DELEGATE OF THE GENERAL MANAGER

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