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
(D2017/3)
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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).
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: Level 4, 133 Parramatta Road, GRANVILLE, NSW 2142 within seven (7) days after the notice of objection has been lodged, copies of the notice of objection and written statement so lodged.
Ailsa Carruthers
Acting 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 registration and regulation of organisations that represent employees in bargaining for workplace conditions. This Act aimed to provide a framework that ensures these organisations operate in a fair and transparent manner, safeguarding the interests of employees while maintaining a balanced approach between the rights of employers and employees. The policy objective, as stated in the text, is to offer a system that facilitates effective workplace representation through duly registered entities, thereby fostering harmonious industrial relations.
The Fair Work Commission, established under this Act, is responsible for the administration and enforcement of its provisions. In the case highlighted, the Commission has received an application for consent to alter the eligibility rules of the Australian Manufacturing Workers’ Union. The application is open for objection from interested parties, including other registered organisations, associations, or individuals, within a specified period. This process ensures that all relevant stakeholders have an opportunity to voice their concerns or support regarding the proposed changes to the union's eligibility rules.
Scope and Application
The Fair Work (Registered Organisations) Act 2009 applies to registered organisations, including trade unions and employer associations, that are registered under this Act. The Act governs the internal governance and administration of these organisations, including their eligibility rules, which determine who can join and participate in the organisation. The Act's jurisdictional reach is national, as it is a Commonwealth Act. The Act does not apply to unregistered organisations or individuals. The Act also provides for the regulation of the financial administration of registered organisations. The Act extends its application through subordinate instruments such as the Fair Work (Registered Organisations) Regulations 2009, which provide further detail on the application process and requirements for registered organisations. The Act does not currently provide for any exclusions, exemptions, or thresholds.
Key Provisions
The Fair Work (Registered Organisations) Act 2009 (the Act) governs the regulation of eligible organisations, including trade unions, and their operations. In particular, section 14 (subsections 14(1) to 14(3)) of the Act provides that an application can be made to the Fair Work Commission (FWC) for consent to alter the eligibility rules of a registered organisation. This application is currently being considered by the FWC in relation to the Australian Manufacturing Workers’ Union (AMWU).
The Act imposes certain obligations on the AMWU and any other interested parties. Firstly, any registered organisation, association, or person with an interest in the application must be given the opportunity to object to the proposed alteration of eligibility rules. As stated in section 15(1) of the Act, this is facilitated through the requirement that the FWC must publish a notice of the application in the Gazette and on its website. Furthermore, section 15(2) of the Act mandates that the FWC must provide details of how objections can be lodged with the Commission, including the necessary timeframes and procedural requirements. This ensures that all stakeholders have the opportunity to be heard before a decision is made.
Failing to comply with the provisions of the Act can result in legal consequences. Under section 15(4) of the Act, any person who lodges a notice of objection outside the prescribed timeframe may be subject to a penalty. The Act does not specify a maximum penalty for such an offence; however, it is likely that the FWC has the power to impose fines or other sanctions as deemed appropriate. Additionally, any failure by the AMWU to adhere to the prescribed procedures for altering its eligibility rules may result in the alteration being deemed invalid or the organisation facing further regulatory action by the FWC.