Waste Contractors & Recyclers Association of NSW

[2015] FWC 2695

[2015] FWC 2695

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009
s.158(1) RO Act - Application for alteration of eligibility rules

Waste Contractors & Recyclers Association of NSW
(D2014/71)

DEPUTY PRESIDENT LAWRENCE SYDNEY, 20 APRIL 2015

Application for alteration of eligibility rules.

[1] This decision concerns an application made under s.158(1) of the Fair Work (Registered Organisations) Act 2009 (the RO Act) by the Waste Contractors & Recyclers Association of NSW (the Association) for consent to the alteration of its eligibility rules. The application was signed and lodged on 16 December 2014.

[2] The application is for consent to change Rule 4 “Objects”, Rule 5 “Interpretation” and Rule 6.4 “Membership Qualifications”.

[3] The Association currently represents the interests of employers in the waste management industry in New South Wales. The effect of the application is to extend its coverage to the Australia Capital Territory.

[4] The alterations to Rules 4 and 5 were certified as non-eligibility rules together with further changes to Rules 21, 26 and the insertion of a new Rule 21A. (See Decision of Mr Enright [2015] FWCD 668 on 29 January 2015.

[5] This decision therefore relates to Rule 6.4.

[6] The application was gazetted in the Commonwealth of Australia Gazette on 30 January 2015 and also published on the Fair Work Commission’s website. No objection to the application was received within the prescribed time for the lodging of objections.

[7] Section 158 of the RO Act relevantly provides:

“158 Change of name or alteration of eligibility rules of organisation

(1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:

(a) in the case of a change in the name of the organisation—the FWC consents to the change under this section; or

(b) in the case of an alteration of the eligibility rules of the organisation:

(i) the FWC consents to the alteration under this section; or
(ii) the General Manager consents to the alteration under section 158A.

(2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.

(3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:

(a) is not the same as the name of another organisation; and

(b) is not so similar to the name of another organisation as to be likely to cause confusion.

(4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:

(a) to which those persons could more conveniently belong; and

(b) that would more effectively represent those members.”

[8] The matter was heard on 30 March 2015.

[9] Having considered the material filed the material filed in support of this application, I am satisfied that there has been compliance with the requirements of the RO Act and the Regulations. I am also satisfied that:

1. The change has been made under the rules of the organisation (s.158(2)); and

2. The proposed alteration to the eligibility rules does not mean that there is another organisation to which those who would be eligible because of the alteration could more conveniently belong and that would more effectively represent those members. (s.158(4))

[10] I therefore consent to the changes to the eligibility rules sought by the Association.

[11] In accordance with the request of the Association, the change to the eligibility rules of the organisation will take effect from 1 June 2015.

DEPUTY PRESIDENT

Appearances:

M. Dunne, solicitor with T. Khoury for the Applicant.

Hearing details:

2015

Sydney:

March 30.

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