Victorian Hospitals' Industrial Association

[2016] FWCD 5164

[2016] FWCD 5164

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Victorian Hospitals' Industrial Association
(R2016/147)
MR ENRIGHT	MELBOURNE, 29 JULY 2016
Alteration of other rules of organisation.

[1]        On 26 July 2016 the Victorian Hospitals' Industrial Association (the Association)

lodged with the Fair Work Commission a notice and declaration setting out particulars of

alterations to the its rules.

[2]        The particulars set out alterations to 6, 8, 9, 10, 12, 13, 15, 16, 22, 23, 24, 27, 28, 31,

33, 39, 41, 44, 45, 46, and 47 and deleted rule 46.

[3]        On 27 July 2016 the Association provided further information about the steps taken to

transact the alterations and confirmed that it had published on its website a notice that

alterations had been lodged.

[4]        On the information contained in the notice, I am satisfied the alterations have been

made under the rules of the organisation.

[5]        The alterations modify the manner of election for offices in the Association, to ensure

that elections are held in accordance with the Association’s rules and consistent with the

requirements of the Fair Work (Registered Organisations) Act 2009 (the Act). The

Association holds an exemption under section 186 of the Act. As a result, elections for its

officers need not be conducted by the Australian Electoral Commission. In 2015, I undertook

a review of all exemptions held under sections 144 and 186 of Act. The review of the

Association’s exemption revealed that elections were not being conducted in accordance with

its rules. Staff from the Regulatory Compliance Branch then engaged with the Association to

remedy the inconsistencies. The present alterations are the culmination of that process.

[6]        The alterations also make it clear that a person will not be indemnified by the

Association if losses, costs or expenses are incurred as a result of wilful neglect, dishonesty or

malfeasance. In addition, a number of minor and technical alterations have been transacted.
[2016] FWCD 5164

[7]        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

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