D2005/21, Transcript of Proceedings [2005] AIRCTrans 1792 (30 August 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 12501-1

VICE PRESIDENT ROSS

D2005/21

APPLICATION/NOTIFICATION BY AUSTRALIAN NURSING FEDERATION
s.158(1) RAO Schedule - Application for alteration of eligibility rules
(D2005/21)

MELBOURNE

10.39AM, TUESDAY, 16 AUGUST 2005

PN1

MR N BLAKE: I appear on behalf of the Australian Nurses' Federation.

PN2

THE VICE PRESIDENT: Could I just go through my understanding of the application and test that with you and what you say in support of the application in relation to the material that has been filed.

PN3

The application was lodged on 2 June for consent of a designated presidential member to author the federation's eligibility rules. The alterations sought are to rule 5(1). There are two alterations. The first is in 5(1)(a) to delete the word "association" and replace it with "federation". That's presumably to reflect the name of the organisation, and to change (c) which talks about employees who are registered by any state in Australia by adding the words "or territory" after "state".

PN4

MR BLAKE: That's correct.

PN5

THE VICE PRESIDENT: Presumably reflecting a change where registration can occur in a territory or - - -

PN6

MR BLAKE: Yes.

PN7

THE VICE PRESIDENT: I notice that the application was gazetted on 15 June, a copy was also published on the Commission's website, period for objections closed on 20 June 2005 and no objections were received - it might be - just bear with me for a moment, yes, 20 July when the period of objections closed and none were received.

PN8

In relation to the requirements of section 158 of the RAO Schedule, can I turn to those and take you through them. While (1) is not relevant - well, it is, in the sense that a change doesn't take effect unless the Commission consents to the change but it's not going to be a test as such. In relation to subsection (2) you say and provide the material in support of the contention that the proposed alterations have been made under the rules of the organisation, the federal president determining under rule 18 that motions to alter eligibility rules should be submitted to the federal council for voting.

PN9

MR BLAKE: That's correct.

PN10

THE VICE PRESIDENT: I think 20 members constitute the council, and there were 17 votes cast in favour of the motions and they were returned by the required time and constitute a majority of the members of the federal council required in order for the motion to be carried. On that basis and the statutory declaration filed in support, you would submit that the proposed alterations be made under the rules of the organisation?

PN11

MR BLAKE: Yes.

PN12

THE VICE PRESIDENT: In relation to subsection (3) that's not relevant because there's no proposed change in name. In relation to subsection (4) you would say presumably that that's not relevant because there is no other organisation to which the persons who would be eligible for membership because of the alteration could more conveniently belong and that would more effectively represent those members.

PN13

MR BLAKE: That's correct, your Honour. Both the Northern Territory and the Australian Capital Territory currently have award coverage and membership in those territories.

PN14

THE VICE PRESIDENT: I note that there have been no objections filed to the application. Subsection (5) isn't relevant in those circumstances. Subsection (6) is presumably not applicable as the alteration would not contravene any agreement or understanding to which the organisation is a party and which deals with its right to represent under the Act.

PN15

MR BLAKE: That's right, your Honour, yes.

PN16

THE VICE PRESIDENT: Similarly the provisions of subsection (7) are not relevant in the circumstances of this case and there is no other reason for refusing to consent to the alteration. Is that it in essence?

PN17

MR BLAKE: I think you've covered it, your Honour, yes.

PN18

THE VICE PRESIDENT: I'm content to move to decision, unless there is anything you want to add, Mr Blake.

PN19

MR BLAKE: No.

PN20

THE VICE PRESIDENT: I am satisfied that the requirements of section 158 of schedule (1)(b) of the Workplace Relations Act have been met in respect of this application. I accept the submissions that have been put in relation to each of those requirements. I also note that regulations 121 to 124 of the Workplace Relations Registration and Accountability of Organisations Regulations are also relevant. I am satisfied the application complies with those regulations.

PN21

On that basis I consent to the eligibility rules of the federation being altered in the manner proposed. It is usual for some period of time to be provided for the alteration to come into effect. If the alteration came into effect on 29 August this year, would that suit your convenience?

PN22

MR BLAKE: It does, yes, thank you.

PN23

THE VICE PRESIDENT: I will issue a short decision setting out briefly the reasons for my consent to the alteration and the alteration will come into effect on 29 August 2005. Thanks for your attendance, Mr Blake, I will adjourn.

<ADJOURNED INDEFINITELY [10.45AM]