Apply to change 'other' rules of a registered organisation

We can help you when you want to change your rules. We can check your drafts before you give them to your rule altering body.

We can check your draft and give you advice on:

• any concerns or inconsistencies
• possible issues with approval
• solutions or other ways to achieve your goals
• the process you plan to take to change your rules.

Please email your draft to us at regorgs@fwc.gov.au.  

When you change other rules, you must tell ('notify') us within 35 days. The change does not take effect until the General Manager of the Commission, or their delegate, certifies it.

To apply for certification, an officer of the registered organisation must:

• Create a document that clearly sets out the rule changes. These are called ‘particulars’. You can use the track changes function of Word to do this. Find the current rules of registered organisations here.
• Fill out a declaration and send it to us with details of the rule changes.
• Place a notice on your website to say the organisation has lodged this application.

We provide a declaration template (Word) for you to use.

This declaration must state:

• you made the change under the rules of the organisation
• what actions you took to make the change
• you have the authority to make the declaration on behalf of the organisation
• the details set out in the notice are true and correct to the best of your knowledge and belief
• you have published a notice about the application on your website (if you have one).

Sign the declaration and email it to regorgs@fwc.gov.au.

When you lodge your declaration and a copy of the proposed changes, we will check it. You must satisfy the General Manager, or their Delegate that:

• you followed the process in your rulebook, and
• the change is not contrary to the Fair Work (Registered Organisations) Act 2009 or other laws.

See what we check with our Checklist: Alterations to rules of a registered organisation.

1. Have you followed the process in your rules to make changes?

The requirements are different between registered organisations but usually include:

• Does the organisation need to hold a meeting to change the rules? If so, does that require a meeting of a management committee or a general meeting of members?
• Did the organisation give the right amount of notice of the meeting to the people who have a right to attend?
• Were enough of those people present to form a valid meeting?
• Did people consider and vote on the proposed rule changes?
• Did enough people vote in favour of the changes?

We use checklists to see if your organisation has followed its rule altering process. These checklists are made for your organisation. Please ask us for a copy of your organisation’s checklist.

2. What is the substance of the proposed changes?

The General Manager or their Delegate must be satisfied that each change:

• meets the requirements of the Fair Work (Registered Organisations) Act 2009 and the Fair Work Act 2009, awards and enterprise agreements
• is not contrary to the law.