The Fair Work Amendment (Secure Jobs Better Pay) Act 2022 transfers the functions of the Registered Organisations Commissioner to the General Manager of the Fair Work Commission. The commencement date of the relevant provisions of the Secure Jobs Better Pay Act is a single day to be fixed by Proclamation, or if no date is fixed, 6 June 2023. The Commission understands that consideration is being given to proclaiming 6 March 2023 as the commencement date by the Federal Executive Council at its meeting on 16 February 2023.
From the commencement date, the functions of the Fair Work Commission's General Manager will mirror the repealed functions of the former Registered Organisations Commissioner with some exceptions.
The broad functions of the General Manager will include:
monitoring acts and practices of registered organisations and their office holders to ensure they comply with the provisions of the Fair Work (Registered Organisations) Act 2009 (RO Act)
promoting efficient management of organisations and high standards of accountability of organisations and their office holders to their members
promoting compliance with financial reporting and accountability requirements of the RO Act,
providing education, assistance and advice to organisations and their members.
The General Manager will also seek to embed a culture of good governance and voluntary compliance with the law within organisations.
This transfer of functions does not change the ongoing compliance obligations of registered organisations under the RO Act. Until the change takes place, the Registered Organisations Commission will continue to perform all of its existing functions.
