Victorian Association of Forest Industries
[2013] FWCD 3545
•9 December 2013
[2013] FWCD 3545
DECISION
| Fair Work (Registered Organisations) Act 2009 | |
| s.159—Alteration of other rules of organisation | |
| Victorian Association of Forest Industries | |
| (R2013/103) | |
| MR ENRIGHT | MELBOURNE, 9 DECEMBER 2013 |
| Alteration of other rules of organisation. |
[1] On 29 May 2013 the Victorian Association of Forest Industries lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to the rules of the Victorian Association of Forest Industries.
[2] The particulars provide for the insertion of new rules 37 to 41 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] On the information contained in the notice, I am satisfied the alterations have been made under the rules of the organisation.
[4] On 17 October 2013, Terence Mathers, President of the Victorian Association of Forest Industries, 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:
The words ‘Part A’ have been inserted above the proposed Definitions rule in
Annexure B.
| | In proposed Rule 39, the extra space between ‘Association’ and the full stop has been removed. |
[5] The Amendment Act[1]provides that alterations to rules of an organisation for the purpose of making provision as required by the Amendment Act can be certified by the General Manager during a transition period which commenced on 29 June 2012. Any alteration to rules that is certified during the transition period, however, does not take effect until the date of certification or the commencement of Part 2 of Schedule 1 to the Amendment
[2013] FWCD 3545
Act, whichever occurs later. Part 2 of Schedule 1 to the Amendment Act commences on
1 January 2014.[2]
[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 2009, modern awards and enterprise agreements, and are not otherwise contrary to law. I
certify accordingly under subsection 159(1) of the RO Act as modified by item 38 of
Schedule 1 to the Amendment Act.
| DELEGATE OF THE GENERAL MANAGER |
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