United Voice
[2015] FWCD 6777
•6 October 2015
[2015] FWCD 6777
DECISION
| Fair Work (Registered Organisations) Act 2009 | |
| s.159—Alteration of other rules of organisation | |
| United Voice | |
| (R2015/192) | |
| MR ENRIGHT | MELBOURNE, 6 OCTOBER 2015 |
| Alteration of other rules of organisation. |
[1] On 27 August 2015, United Voice lodged with the Fair Work Commission (the
Commission) a notice and declaration setting out particulars of alterations to the rules of
United Voice.
[2] The particulars set out alterations to rules 19 and 20 of the rules of United Voice.
[3] On the information contained in the notice, I am satisfied the alterations have been
made under the rules of the organisation.
[4] The alterations consist of various amendments which have been made as a
consequence of the decision by the National Council to alter the status of the office of
National President from a full-time to an honorary one.
[5] Regulation 126(1) of the Fair Work (Registered Organisations) Regulations 2009 (the
Regulations) provides that if an alteration of the rules (other than the eligibility rules) of a
registered organisation is made, the organisation must lodge with the Commission a notice of
particulars setting out the alteration within 35 days after the alteration is made or within any
additional period that the General Manager may allow. The alterations in this matter were
made by a vote of National Council in an out of session decision which closed on 1 July 2015.
Thus, the notice of particulars was not lodged within 35 days after the alterations were made
in accordance with the Regulations.
[6] As noted above, the alterations in this matter have been made as a consequence of
changing the status of the office of National President. In such circumstances, I would
normally have required an organisation to give an undertaking to ensure that the decision to
change the status of the office would not occur during the term of the current holder of that
office or provide some other form of assurance that the decision would not adversely impact
upon the officers and membership of the organisation.
[7] However, the material lodged with the notice of particulars indicates that the office of
National President became vacant as a result of the resignation of the former holder of that
office which took effect on 24 August 2015. I further note that the notice of particulars in this
matter was lodged together with prescribed information pursuant to s. 189(1) of the Fair
[2015] FWCD 6777
Work (Registered Organisations) Act 2009 in order to fill that vacancy. Therefore, the notice
of particulars was lodged shortly after the office of National President was vacated.
[8] Taking into account all the circumstances of this matter, I will allow an additional
period of time for United Voice to lodge the notice of particulars pursuant to regulation
126(1) of the Regulations on this occasion.
[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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