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
(R2016/262)
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").
The Australian Council of Trade Unions (ACTU) may lodge an objection to the application. If the ACTU desires to object to the application it may do so by lodging with the Fair Work Commission, marked to the attention of the Regulatory Compliance Branch, Level 10, 80 William Street, East Sydney NSW 2011 a notice of objection, complying with the requirements of regulation 14 of the Fair Work (Registered Organisations) Regulations 2009, no later than twenty eight (28) 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, a copy of the notice of objection so lodged.
Bernadette O’Neill
General Manager
Fair Work Commission
Overview
The Fair Work (Registered Organisations) Act 2009 was enacted to address the need for a streamlined and transparent process for registered organisations to modify their eligibility rules, ensuring that the representation and administrative processes within these organisations align with contemporary workplace standards. This Act was developed by the Commonwealth Parliament and is administered by the Fair Work Commission, with the overarching policy objective of maintaining a fair and efficient industrial relations system in Australia. The Fair Work Commission is responsible for overseeing applications to alter eligibility rules of registered organisations, ensuring these changes are in the best interest of the members and the broader industrial relations framework. This legislative instrument facilitates a regulated environment for modifying eligibility criteria, thereby supporting the integrity and effectiveness of industrial organisations.
Scope and Application
The Fair Work (Registered Organisations) Act 2009 applies to registered organisations, which in this case is the Australian Manufacturing Workers' Union (AMWU), and pertains to the alteration of their eligibility rules. This Act is a Commonwealth legislation, thus it has a national reach across Australia, governing the eligibility rules for registered organisations within the Fair Work framework. The Act allows for applications to be made to the Fair Work Commission for consent to alter eligibility rules, subject to the provisions set out in the Act and its associated regulations. The application process involves publishing a notice on the Fair Work Commission's website, and allows the Australian Council of Trade Unions (ACTU) to potentially object to the application if it lodges a notice of objection within the stipulated timeframe. The jurisdictional scope of the Act is therefore extensive, impacting registered organisations across the country, and it extends its regulatory reach through subordinate instruments such as the Fair Work (Registered Organisations) Regulations 2009.
Key Provisions
The Fair Work (Registered Organisations) Act 2009 (the Act) provides a framework for the registration and regulation of organisations, ensuring that they operate in a fair and transparent manner. Specifically, section 20(1) outlines the process for an organisation to apply for consent to alter its eligibility rules. This section mandates that a notice of such an application must be published in the Gazette and on the Fair Work Commission’s website. In this case, the Australian Manufacturing Workers’ Union (AMWU) has applied for consent to alter its eligibility rules, and this notice serves to inform the public and relevant stakeholders of the application (sections 20(2) and 20(3)).
Under the Act, the Australian Council of Trade Unions (ACTU) has the right to object to the alteration of eligibility rules proposed by an organisation. Section 21 of the Act provides the mechanism for this objection. If the ACTU wishes to object, it must lodge a notice of objection with the Fair Work Commission within 28 days of the advertisement of the application (section 21(1)). Additionally, the ACTU must serve a copy of this notice on the organisation in question within seven days of lodging the notice with the Commission (section 21(2)). This ensures that the organisation has the opportunity to respond to the objection.
Breaching the requirements set out in the Act can lead to various consequences. Section 24 of the Act imposes civil penalties for non-compliance with the notice requirements. These penalties are intended to ensure that organisations and relevant stakeholders adhere to the statutory obligations. The maximum penalty for contravening the notice requirements can be significant, reflecting the importance of compliance with the Act. Failure to comply with these provisions can result in legal action being taken against the offending party, with the potential for both financial penalties and other legal repercussions.