Notice of Application for Consent to Alteration of Eligibility Rules of an Organisation (D2013/103)

Overview

The Fair Work (Registered Organisations) Act 2009 was enacted to address the need for a robust and efficient framework for the registration and management of organisations involved in industrial relations in Australia. The Act was introduced by the Commonwealth Parliament with the policy objective of ensuring that organisations representing employees or employers in industrial relations matters operate in a manner that is fair, transparent and in the best interest of the parties they represent. The Fair Work Commission, established under this Act, plays a critical role in overseeing the registration process, managing the eligibility rules of organisations, and facilitating fair practices within the industrial relations system. The Act aims to maintain integrity and accountability among registered organisations, thereby enhancing the overall efficacy of Australia's industrial relations framework.

Scope and Application

The Fair Work (Registered Organisations) Act 2009 applies to registered organisations, including trade unions and employer associations, and governs the rules and conduct that these entities must follow. The Act is a Commonwealth statute and therefore applies nationally, ensuring uniformity in the regulation of registered organisations across Australia. It encompasses the eligibility rules that determine who can be a member of such organisations, thereby influencing the internal governance and membership criteria of trade unions and employer associations. Exclusions and exemptions are not explicitly detailed in the Act, though they can be subject to interpretation based on specific circumstances and subordinate regulations. The Act can be extended or restricted through subordinate instruments, which may provide further clarification on the application and enforcement of its provisions. The application for consent to alter eligibility rules by United Voice, as noted in the gazette, demonstrates the Act’s practical implementation and the role of the Fair Work Commission in overseeing compliance with its stipulations.

Key Provisions

The Fair Work (Registered Organisations) Act 2009, specifically section 23, outlines the process for altering the eligibility rules of an organisation registered under this Act. An application for consent to alter these rules must be made to the Fair Work Commission. The Act mandates that a notice of application for consent, along with a copy of the application, must be published on the Fair Work Commission's website, as stated in section 23(2)(a). Additionally, interested parties can obtain a copy of the application by making a request to the Commission, as outlined in section 23(2)(b). For the application concerning United Voice, a copy is available at under “Registered Organisations”, click on “Gazette Notices". Alternatively, interested parties can request a copy from the Fair Work Commission by contacting Mr James Hall at Level 8, 80 William Street, East Sydney NSW 2011. Under section 23(3) of the Act, any registered organisation, association, or person who wishes to object to the application must lodge a notice of objection with the Fair Work Commission. This notice must comply with the requirements of regulation 14 of the Fair Work (Registered Organisations) Regulations 2009. Furthermore, the objector must serve copies of the notice of objection and any written statement on the organisation, United Voice, whose address for service is 303 Cleveland St, Redfern NSW 2016. The objection must be lodged no later than thirty-five days after the publication of the advertisement, and the required copies must be served within seven days after the notice of objection has been lodged with the Commission. The Act imposes several obligations on the parties involved. Firstly, the organisation seeking to alter its eligibility rules must ensure that the application is published and available for inspection as per section 23(2). Secondly, interested parties have a window of thirty-five days from the publication of the application to lodge an objection, which must be in compliance with regulation 14 of the Fair Work (Registered Organisations) Regulations 2009. Additionally, any objector must serve copies of the notice and written statement on the organisation within seven days of lodging the objection. Failure to comply with these requirements may result in the objection being invalid. The Fair Work (Registered Organisations) Act 2009 does not explicitly detail specific offences, penalties, or civil/criminal consequences for breaches of the Act in the context of altering eligibility rules. However, the Act does provide that any person who contravenes a provision of the Act, or a regulation made under it, is liable to a penalty. This penalty may include fines or other sanctions as determined by the Fair Work Commission or a court, depending on the nature and severity of the breach. The maximum penalties for such contraventions are not specified in the excerpt but would typically be determined by the relevant jurisdiction's laws.