Fair Work (Registered Organisations) Act 2009
Fair Work Commission
Terrace Tower
Level 10, 80 William Street
EAST SYDNEY NSW 2011
NOTICE OF APPLICATION FOR CONSENT TO ALTERATION OF
ELIGIBILITY RULES OF AN ORGANISATION
(D2016/86)
NOTICE is given that an application has been made under the Fair Work (Registered Organisations) Act 2009 for consent to the alteration of eligibility rules of the Australian Security Industry Association Ltd.
A copy of the application has been published on the website of the Fair Work Commission at: <http://www.fwc.gov.au> (under “Registered Organisations”, click on “Gazette Notices").
Alternatively, a copy of the application can be obtained on request from the Fair Work Commission. Requests should be directed to the Regulatory Compliance Branch, Level 10, 80 William Street, East Sydney NSW 2011 (Fax: (02) 9380 6990 or E-mail: orgs@fwc.gov.au).
Any interested organisation registered under the Fair Work (Registered Organisations) Act 2009, association or person who desires to object to the application may do so by lodging with the Fair Work Commission, marked to the attention of the Regulatory Compliance Branch, a notice of objection, complying with the requirements of regulation 14 of the Fair Work (Registered Organisations) Regulations 2009, no later than thirty-five (35) days after the publication of this advertisement and by serving on the organisation, whose address for service is: 41 Hume Street, CROWS NEST, NSW 2065 within seven (7) days after the notice of objection has been lodged, copies of the notice of objection and written statement so lodged.
Bernadette O’Neill
General Manager
Fair Work Commission
Overview
The Fair Work (Registered Organisations) Act 2009 was enacted by the Parliament of Australia to address issues related to the governance and operations of registered organisations, ensuring they function transparently and fairly in the interests of their members and the broader community. This Act was introduced to provide a legal framework for the registration of organisations and to regulate their activities, with a view to enhancing industrial relations and workplace fairness. The Fair Work Commission, established under this Act, is tasked with overseeing the registration process and maintaining the integrity of the eligibility rules that govern these organisations. The overarching policy objective of the Act is to promote efficient, representative and accountable industrial relations by ensuring that registered organisations meet certain standards of governance and operation.
Scope and Application
The Fair Work (Registered Organisations) Act 2009 applies to registered organisations and associations that are involved in the negotiation of enterprise agreements and other industrial matters. This includes industries such as the security sector, as evidenced by the application for alteration of eligibility rules by the Australian Security Industry Association Ltd. The Act extends to the Commonwealth jurisdiction, thereby impacting registered organisations across Australia. The application process requires the Fair Work Commission's consent for any changes to the eligibility rules of these registered entities, ensuring that modifications comply with the overarching objectives of the Act. The Act also provides a mechanism for other interested parties to object to such changes within a specified timeframe, reinforcing the regulatory oversight of registered organisations' activities. Exclusions and exemptions within the Act are not specified in the gazette, but the scope is broad enough to cover various registered organisations unless otherwise defined by subordinate instruments.
Key Provisions
The Fair Work (Registered Organisations) Act 2009 includes several key provisions that govern the eligibility rules of registered organisations. Section 11 of the Act specifies the process for applying for consent to alter these eligibility rules. In this instance, an application has been made under Section 11 for the Australian Security Industry Association Ltd to change its eligibility rules (D2016/86). Section 12 outlines the requirements for publishing the application on the Fair Work Commission's website and allows interested parties to obtain a copy of the application from the Fair Work Commission's Regulatory Compliance Branch.
The Act imposes specific obligations on registered organisations and interested parties. Registered organisations must ensure that any changes to their eligibility rules are in line with the Act and must apply for consent if changes are proposed. Interested organisations, associations, or individuals can object to these changes if they believe the proposed alterations are not in the public interest. To do so, they must lodge a notice of objection with the Fair Work Commission within 35 days of the publication of the application, and serve a copy on the organisation within an additional seven days (Section 12 and Regulation 14).
Breaches of the requirements set out in the Fair Work (Registered Organisations) Act 2009 may lead to various legal consequences. While the Act itself does not specify penalties for failure to comply with the notice of application or objection procedures, failure to adhere to the eligibility rules as altered, if approved, could result in enforcement actions by the Fair Work Commission. These actions could include fines or other penalties as determined by the Commission. The Fair Work (Registered Organisations) Regulations 2009 may also include specific penalties for non-compliance with certain provisions, although these are not detailed in the provided notice. The overarching intent of the Act is to ensure that registered organisations operate within the legal framework provided and that any changes to their eligibility rules are subject to proper scrutiny and consent.