Victorian Farmers Federation Industrial Association

[2013] FWCD 9199

[2013] FWCD 9199

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Victorian Farmers Federation Industrial Association
(R2013/18)
MR ENRIGHT	MELBOURNE, 22 NOVEMBER 2013
Alteration of other rules of organisation.

[1] On 8 May 2013 the Victorian Farmers Federation Industrial Association lodged with

the Fair Work Commission a notice and declaration setting out particulars of alterations to the
rules of the Victorian Farmers Federation Industrial Association.

[2] Amended applications for rule alterations were lodged by the organisation with the Commission on 21 May 2013 and 25 October 2013.

[3] The particulars provide for the insertion of new rules 7, 18A, 25A, 25B, 25C and 27 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.

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

[5] On 25 September 2013, Margaret Parkinson, President of the Victorian Farmers Federation Industrial Association, 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 7 the definition of “disclosure period” has been amended to read “...for the purpose of these rules means the financial year”;
	In proposed rule 7 the word “benits’ in the definition of “remuneration” has been amended to “benefits”;

 In proposed rule 18A the word “expeniture” in the title has been amended to

“expenditure”;

	In proposed rule 25A the word “benifits” in the title has been amended include “benefits”;
	In proposed rule 25A.3(a) the word “releant” has been made to “relevant”; and

[2013] FWCD 9199

	In proposed rule 27.13.1 reference to the Amendment Act has been amended to the
Fair Work (Registered Organisations) Act 2009.

[6] 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 Act, whichever occurs later. Part 2 of Schedule 1 to the Amendment Act commences on 1 January 2014.[2]

[1]See Item 38 of Schedule 1 to the Amendment Act.

[2]See Section 2 of the Amendment Act.

[7] 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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