Changes to your rules do not take effect until we approve them. This process is for rules other than changes to the name or eligibility of the organisation.
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 certifies it.
To apply for certification, an officer of the registered organisation (RO) who has the authority to sign must:
- Create a document that sets out the rule changes.
- Fill out a declaration and send it to us with details of the rule changes.
- Organise a notice on the RO’s website that says it 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 RO
- the details set out in the notice are true and correct to the best of your knowledge and belief
- you have put a notice about the application on your website (if you have one).
Sign the declaration and email it to email@example.com.
How we assess applications
When you lodge your declaration and a copy of the proposed changes, the Commission considers 2 issues.
1. Have you followed the process in your rules to make changes?
The requirements vary between registered organisation but typically include:
- Does the organisation have 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 appropriate notice of the meeting to the people who have a right to attend?
- Did the number of attendees meet the requirement?
- Did attendees consider and vote on the proposed rule changes?
- Did a majority vote in favour of the changes?
Find the current rules for registered organisations.
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 otherwise contrary to law.
The General Manager or the Delegate will only approve the changes if they are satisfied about both issues.