Victorian Automobile Chamber of Commerce
[2021] FWCD 252
•5 FebrUAry 2021
| [2021] FWCD 252 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Victorian Automobile Chamber of Commerce
(R2020/198)
| MURRAY FURLONG | MELBOURNE, 5 FebrUAry 2021 |
Alteration of other rules of organisation.
On 13 November 2020 the Victorian Automobile Chamber of Commerce (VACC) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules. Additional information in support of the application was provided on 4 December 2020.
On the information contained in the notice and subsequently provided, I am satisfied the alterations have been made under the rules of the organisation.
The particulars set out alterations to Rules:
1 – MEMBERSHIP
9 – DIVISIONS AND AFFILIATED ASSOCIATIONS
10 – GOVERNANCE OF DIVISIONS AND AFFILIATED ASSOCIATIONS
13 – GENERAL MEETINGS
14 – ENTITLEMENT TO VOTE
17 – COMPOSITION OF EXECUTIVE BOARD
19 – ELECTION OF PRESIDENT, VICE PRESIDENT AND SECRETARY
23 – MEETINGS OF THE EXECUTIVE BOARD
24 - DUTIES OF PRESIDENT, VICE PRESIDENT AND SECRETARY
25 -– COMPOSITION OF INDUSTRY POLICY COUNCIL
27 - MEETINGS OF INDUSTRY POLICY COUNCIL
31 – SPECIAL CAPITAL FUND AND INVESTMENT COMMITTEE
32 – ELECTION RULES
36 – FINANCIAL MANAGEMENT and
40 – TRANSITIONAL ARRANGEMENTS.
The alteration to Rule 1 updates internal cross referencing, provides an acronym definition for the ‘Australian Electoral Commission’ and removes the definition of ‘Disclosure Period’.
The alteration to Rule 9 modifies the wording of “Automobile Repairers’ Division” to “Automotive Repairers’ Division”. Rule 9 has also been altered to change a reference to the VACC’s name, following a change in the organisation’s name that was recently consented to by the Fair Work Commission, as have Rules 4 and 15.[1]
The alterations to Rules 10, 13, 23, 27 and 31 update meeting requirements to allow an individual to attend a meeting via electronic communication, for attendance in that manner to count toward the quorum for the relevant meeting and to deem the person so attending to have participated as if present person. A related alteration to Rule 14 enables votes to be provided via electronic communication in such a manner as is determined by the Executive Board.
The alterations to Rule 17 deal with circumstances where the Australian Electoral Commission is unable to conduct an election in accordance with the timetable set out in the VACC’s rules. It allows out of session general meetings to be convened for the purposes of holding an election, holding over in office pending completion of a delayed election and the foreshortening of the subsequent term of office to bring the electoral cycle back into sync. Consequential changes have also been made to Rules 19 and 32.
The amendments to Rule 24 update internal cross referencing.
Rule 36 removes the requirement for an officer to complete a training program, approved by the General Manager of the Fair Work Commission, related to the officer’s financial duties. The obligation to undertake training which covers an officer’s financial duties is now dealt with by section 293K of the Fair Work (Registered Organisations) Act 2009 (the Act).
Redundant transitional provisions have been removed in Rule 25 and Rule 40.
In my opinion, the alterations comply with and are not contrary to the 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 Act.
DELEGATE OF THE GENERAL MANAGER
[1] See [2021] FWC 441; 29 January 2021, Colman DP, D2020/19
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