Waste Contractors & Recyclers Association of NSW

[2013] FWCD 10061

[2013] FWCD 10061

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Waste Contractors & Recyclers Association of NSW
(R2013/33)
MR ENRIGHT	MELBOURNE, 20 DECEMBER 2013
Alteration of other rules of organisation.

[1] On 11 December 2013, the Waste Contractors & Recyclers Association of NSW (the WCRANSW) lodged with the Fair Work Commission (the Commission) a notice and

declaration setting out particulars of alterations to the rules of the WCRANSW.

[2] The particulars set out alterations rule 5 of, and the insertion of new rules 43A, 43B, 43C, 43D and 43E into, the rules of the WCRANSW. 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 19 December 2013, the Commission requested the WCRANSW to lodge a declaration signed by an authorised officer in accordance with regulation 126(2) of the Fair Work (Registered Organisations) Regulations 2009 (the Regulations) pertaining to the notice of particulars lodged and confirmation that a notice had been published on the web site of WCRANSW in accordance with regulation 126(1)(b) of the Regulations.

[4] On 19 December 2013, the WCRANSW lodged a declaration signed by an authorised officer of the WCRANSW pertaining to the notice of particulars lodged and confirmation that a notice will be published on the web site of the WCRANSW noting that the notice of particulars was lodged with the Commission on 11 December 2013.

[5] On the information contained in the notice, and the further declaration lodged on 19 December 2013, I am satisfied the alterations have been made under the rules of the organisation.

[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

[2013] FWCD 10061

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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