Shop, Distributive and Allied Employees Association

[2018] FWCD 988

[2018] FWCD 988

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work (Registered Organisations) Act 2009

s.159(1) RO Act - Notification of alterations of other rules

Shop, Distributive and Allied Employees Association

(R2017/256)

murray furlong MELBOURNE, 19 June 2018

Alteration of other rules of organisation.

1. The decision issued by the Fair Work Commission on 23 April 2018 [2018] FWCD 988 is corrected as follows:

1. Delete paragraph [2] and insert new paragraph [2]:

[2] The particulars:

·  Set out alterations to rules 6, 6A, 9, 10, 13, 15, 15A, 18, 20, 40, 41, 42, 43, 44, 45;

· inserted new rule 1A; and

·  deleted rules 46, 47, 48 and 49.

2. Delete paragraph [10] and insert new paragraph [10]:

[10] The question of severability turns upon whether or not the alterations to rules 6, 6A, 9, 10, 13, 15A, 18, 20, 40, 41, 42, 43, 44, 45, the insertion of new rule 1A and the deletion of rules 46, 47, 48 and 49 can be regarded as completely independent of the alterations to rule 15. I need to be satisfied that removing those alterations would not affect the meaning or effect of the other alterations.

3. Delete paragraph [11] and insert new paragraph [11]:

[11] It is my opinion that the alterations to rules 6, 6A, 9, 10, 13, 15A, 18, 20, 40, 41, 42, 43, 44, 45, the insertion of new rule 1A and the deletion of rules 46, 47, 48 and 49 have no effect on the meaning of the alterations sought to rule 15.

4. Delete paragraph [12] and insert new paragraph [12]:

[12] In my opinion, the alterations to rules 6, 6A, 9, 10, 13, 15A, 18, 20, 40, 41, 42, 43, 44, 45, the insertion of new rule 1A and the deletion of rules 46, 47, 48 and 49 comply with and are not contrary to the Fair Work (Registered Organisations) Act 2009, 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 Fair Work (Registered Organisations) Act 2009.

DELEGATE OF THE GENERAL MANAGER

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