The Fair Work (Registered Organisations) Act 2009 (RO Act) requires that all federally registered organisations have rules. The RO Act also sets out various matters that must be included in the rules.
An overview of the RO Act requirements regarding rules of organisations is set out in the Fact sheet – Rules of registered organisations (PDF).
The procedure for changing the rules varies from organisation to organisation. Each organisation must comply with their individual procedures when changing their rules.
The first step in changing the rules of an organisation is to examine the current rules of the organisation for any explicit rule changing procedures or other relevant rules.
Depending on which rules are being changed, either an application to change the rules must be made with the Commission, or the Commission must be notified of the changes. The changes do not have effect until the Commission has consented to or certified the changes.
Changing the name or eligibility rules
A change in the name of an organisation or its eligibility rules does not take effect unless the Commission consents to the change. An application to change the name must be made on a Form F67, and an application to change eligibility rules must be made on a Form F68. Applications should be lodged by emailing them to firstname.lastname@example.org.
All forms can be found on our Forms page.
Changing eligibility rules of organisations that are federal counterparts of state-registered associations
If an organisation is a federal counterpart of a state registered association and the organisation seeks to change its eligibility rules to include persons covered by the state-registered association, the change will not take effect unless the General Manager consents to the change.
An application must be made on Form F68A, and lodged by emailing it to email@example.com.
Changing other rules
If an organisation makes changes to rules other than change of name or eligibility rules, the organisation must (within 35 days of the changes being made) lodge with the Commission a notice setting out the details of the change.
The notice must contain a declaration signed by an officer of the organisation authorised to sign, stating:
- that the change was made in accordance with the rules of the organisation
- what action was taken under those rules to make the change, and
- that the details set out in the notice are true and correct to the best of the knowledge and belief of the signatory.
Download a sample declaration (Word) here.
The notice and declaration must be lodged by emailing it to firstname.lastname@example.org or by post to:
Regulatory Compliance Branch
Fair Work Commission
GPO Box 1994
Melbourne VIC 3001
A change to rules other than change of name or eligibility rules will not take effect unless the General Manager of the Commission has certified the rule change.
When an application to change rules or a notification of changes is received, Commission staff will use the Checklist – Rule alterations (PDF).