Notice of lodgement with the Fair Work Commission – alteration to the constitution
Reference :
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Jun , 13 2013
NOTICE OF LODGEMENT WITH THE FAIR WORK COMMISSION – ALTERATION TO THE CONSTITUION
A notice was lodged with the Fair Work Commission on 13 June 2013 setting out the particulars of
an alteration to the Constitution of The Pharmacy Guild of Australia. The alterations to the
Constitution, as voted on and approved by National Council, are set out below.
The Pharmacy Guild of Australia
2 – DEFINITIONS
In this Constitution
(a) “the Act” means the “Fair Work (Registered Organisations) Act 2009”, as amended from time to
time.
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(i) “officer” and “office” each have the meaning given to those terms in section 6 of the Act.
(i)(j) “Pharmacist” is a person or company registered as a Pharmacist by the relevant State Authority.
(j)(k) “Returning Officer” where applicable shall include an officer appointed by the Australian
Electoral Commission to conduct Guild elections.
(k)(l) “State” where applicable shall include a Territory of the Commonwealth.
(l)(m) The singular shall include the plural and masculine gender shall include all genders.
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44 – FUNDS – APPLICATION
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(f) The Guild, by the National Council and the National Secretariat, must develop and implement
policies relating to the expenditure of the Guild.
(g) Each Branch must develop and implement policies relating to the expenditure of that Branch.
44A – FUNDS – TRAINING
Each officer of the Guild and of each Branch of the Guild whose duties include duties (financial duties)
that relate to the financial management of the Guild or of the Branch (as the case may be) must undertake
training:
(a) approved by the General Manager of the Fair Work Commission under section 154C of the Act;
and
(b) that covers each of the officer’s financial duties,
and complete such training
(c) if the officer is an officer of the Guild or of the Branch when section 154D of the Act
commences, within six months after the commencement of that section; and
(c) in all other cases, within six months after the person begins to hold office.
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PART IV – DISCLOSURES
78 – DEFINITIONS UNDER PART IV
In Part IV of this Constitution:
(a) board means a board of directors, committee of management, council or other group of persons who supervise, govern or otherwise have oversight of any corporation, organisation, association or other body corporate.
(b) data means the whole or part of a computer program within the meaning of the Copyright Act 1968.
(c) disclosure period for any disclosure required to be made under this Part IV means:
(i) if the requirement is for disclosure to be made in relation to a financial year – the financial year; or
(ii) if the requirement is for disclosure to be made in relation to a shorter period – the shorter period.
(d) electronic communication has the meaning given to that term in in section 5 of the Electronic Transactions Act 1999.
(e) non-cash benefit means property or services in any form other than money, but does not
include a computer, mobile phone or other electronic device that is used only or mainly for work
purposes.
(f) information has the meaning given to that term in section 5 of the Electronic Transactions Act
1999.
(g) information system has the meaning given to that term in in section 5 of the Electronic
Transactions Act 1999.
(h) peak council has the meaning given to that term in section 12 of the Fair Work Act 2009.
(i) related party has the meaning given to that term in section 9B of Act.
(j) relative in relation to a person, means:
(i) parent, step-parent, child, stepchild, grandparent, grandchild, brother or sister of the
person; or
(ii) the spouse of the first mentioned person,
and in this definition the terms child, parent, spouse, stepchild and step-parent have the
meanings given to those terms in the Act.
(k) relevant non-cash benefits in relation to an officer of the Guild or of a Branch (as the case may
be) for a disclosure period means the non-cash benefits provided to the officer, at any time
during the disclosure period, in connection with the performance of the officer’s duties as an
officer, by the Guild or the Branch (as the case may be) or by a related party of the Guild or the
Branch (as the case may be).
(l) relevant remuneration in relation to an officer of the Guild or of a Branch (as the case may be)
for a disclosure period is the sum of the following:
(i) any remuneration disclosed to the Guild or the Branch (as the case may be) by the officer
under Rules 79(a) and (b) during the disclosure period;
(ii) any remuneration paid, during the disclosure period, to the officer by the Guild or the
Branch (as the case may be).
(m) remuneration
(i) includes pay, wages, salary, fees, allowances, leave, benefits or other entitlements; but
(ii) does not include a non-cash benefit; and
(iii) does not include the reimbursement or payment of reasonable expenses for the
costs incurred in the course of the officer carrying out his or her duties.
79 – DISCLOSURES OF RELEVANT REMUNERATION AND NON-CASH BENEFITS
(a) Each officer of the Guild, and each officer of a Branch of the Guild, shall disclose:
(i) any remuneration paid to the officer because the officer is a member of a board, if:
o the officer is a member of the board only because the officer is an officer of the
Guild or the Branch (as the case may be); or
o the officer was nominated for the position of member of the board by the Guild,
a Branch, or a peak council; or
(ii) any remuneration paid or non-cash benefit provided to the officer by any related party of
the Guild or the Branch (as the case may be) in connection with the performance of the
officer’s duties as an officer.
(b) The disclosure required by Rule 79(a) shall be made:
(i) in the case of an officer of the Guild – to the Guild; and
(ii) in the case of an officer of a Branch – to the relevant Branch,
in writing as soon as practicable after the remuneration is paid, or non-cash benefit is provided,
to the officer.
(c) The Guild shall disclose to its members and its Branches:
(i) the identity of the officers of the Guild who are the five highest paid officers of the
Guild in terms of relevant remuneration for the disclosure period; and
(ii) for each of those officers:
o either the actual amount of the officer’s relevant remuneration for the disclosure
period, or the remuneration band into which the officer’s relevant remuneration
falls; and
o either the value of the officer’s relevant non-cash benefits, or the form of the
officer’s relevant non-cash benefits, for the disclosure period.
(d) Each Branch shall disclose to the Members in the Branch:
(i) the identity of the officers of the Branch who are the two highest paid officers of the
Branch in terms of relevant remuneration for the disclosure period; and
(ii) for each of those officers:
o either the actual amount of the officer’s relevant remuneration for the disclosure
period, or the remuneration band into which the officer’s relevant remuneration
falls; and
o either the value of the officer’s relevant non-cash benefits, or the form of the
officer’s relevant non-cash benefits, for the disclosure period.
(e) The disclosures under Rules 79(c) and (d) shall be made:
(i) in relation to each financial year;
(ii) within six months after the end of the financial year; and
(iii) in writing.
80 – DISCLOSURES OF MATERIAL PERSONAL INTERESTS
(a) Each officer of the Guild, and each officer of a Branch of the Guild, shall disclose any material
personal interest in a matter that:
(i) the officer has or acquires; or
(ii) a relative of the officer has or acquires,
that relates to:
(iii) in the case of an officer of the Guild, the affairs of the Guild;
(iv) in the case of an officer of the Branch, the affairs of the Branch.
(b) The disclosure required by Rule 80(a) shall be made:
(i) in the case of an officer of the Guild – to the Guild; and
(ii) in the case of an officer of a Branch – to the relevant Branch,
in writing as soon as practicable after the interest is acquired.
(c) The Guild must disclose to its members and its Branches any interests disclosed to the Guild
pursuant to Rules 80(a) and (b).
(d) A Branch must disclose to its members any interests disclosed to the Branch pursuant to Rules
80(a) and (b).
(e) The disclosures under Rules 80(c) and (d) shall be made:
(i) in relation to each financial year;
(ii) within six months after the end of the financial year; and
(iii) in writing.
81 – DISCLOSURES OF PAYMENTS
(a) The Guild shall disclose to its members and its Branches either:
(i) each payment made by the Guild, during the disclosure period:
o to a related party of the Guild or of a Branch of the Guild; or
o to a declared person or body of the Guild; or
(ii) the total of the payments made by the Guild, during the disclosure period:
o to each related party of the Guild or of a Branch of the Guild; and
o to each declared person or body of the Guild.
(b) A Branch shall disclose to its members either:
(i) each payment made by the Branch, during the disclosure period:
o to a related party of the Branch; or
o to a declared person or body of the Branch; or
(ii) the total of the payments made by the Branch, during the disclosure period:
o to each related party of the Branch; and
o to each declared person or body of the Branch.
(c) Rules 81(a) and (b) do not apply to a payment made to a related party if the payment consists of
amounts deducted by the Guild or the Branch ( as the case may be) from remuneration payable
to one of more officers or employees of the Guild or the Branch (as the case may be).
(d) The disclosures under Rules 81(a) and (b) shall be made:
(i) in relation to each financial year;
(ii) within six months after the end of the financial year; and
(iii) in writing.
(e) For the purposes of this Rule 81, a person or body is a declared person or body of the Guild or
a Branch of the Guild if:
(i) an officer of the Guild or the Branch (as the case may be) has disclosed a material
personal interest under Rules 80(a) and (b); and
(ii) the interest relates to, or is in, the person or body; and
(iii) the officer has not notified the Guild or the Branch (as the case may be) that the officer
no longer has the interest.
82 – MANNER OF DISCLOSURE
(a) Where the Guild or a Branch is required to give information in writing, information may be given
to the member by electronic communication if the member consents to the information being
given by way of electronic communication.
(b) For the purposes of Rule 82(a) a member will be taken to have provided consent if such consent
can be reasonably inferred from the conduct of that member.
(c) The Guild will be taken to have made disclosure in writing to its members and its Branches
under Rules 79, 80 and 81 if the information is given by electronic communication and:
(i) the information is readily accessible so as to be useable for a subsequent reference by the
members and its Branches;
(ii) the members and its Branches are promptly notified by electronic means that the
information is available for retrieval on that information system and the nature of the
information; and
(iii) the information is available for a reasonable period on the Guild’s information system
for retrieval by electronic communication.