Compliance Calculator | Fair Work Commission

End of Financial Year:

Wednesday, 30 June 2021

Loans Grants and Donations

The Loans, Grants and Donations Statement is required under section 237 of the RO Act. It must include the details of any loan, grant or donation over $1000. It must be lodged with the Commission within 90 days after the end of the financial year.

For further information please see our fact sheet.

Statement is due:

After:

and On or Before:

Actual Date:

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General Purpose Financial Report

Under section 253 the General Purpose Financial Report must be prepared by the reporting unit as soon as practicable after the end of the financial year. It must include the financial statements, notes, committee of management statement, section 255(2A) report and may include the Officer Declaration Statement. These documents must be audited by a registered auditor.

For further information please see our financial reporting page.

The Financial Report will be presented to an ANNUAL GENERAL MEETING (section 266(1))

The full report includes the General Purpose Financial Report, the Operating Report, and the Auditor’s Report (section 265). The default timeline under section 266 is for the full report to be presented to an AGM within 6 months of the end of the financial year. The full report must also be provided to members 21 days before the date of the meeting (section 265). The full report must then be lodged with the Commission with a Designated Officer’s Certificate within 14 days of the AGM (section 268).

For further information please see our financial reporting page.

The AGM will be held:

After:

and On or Before:

Actual Date:

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The Report will be provided to members:

After:

and On or Before:

Actual Date:

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The Report will be lodged with Commission:

After:

and On or Before:

Actual Date:

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The Financial Report will be presented to a SECOND COMMITTEE OF MANAGEMENT MEETING (section 266(3))

The full report includes the General Purpose Financial Report, the Operating Report, and the Auditor’s Report (section 265). If the organisation/branch’s rules contain a 5% rule (see below), the full report can be presented to a SECOND Committee of Management meeting instead of an AGM (section 266). This meeting must occur within 6 months of the end of the financial year and then the full report must be lodged with the Commission with a Designated Officer’s Certificate within 14 days of the meeting (section 268). The full report must be provided to members within 5 months of the end of the financial year (section 265) and prior to lodgement with the Commission in order to complete the Designated Officer’s Certificate.

For further information please see our financial reporting page.

A 5% rule is a rule that enables five per cent of the members or fewer to call a general meeting for the purposes of considering the financial report.

The (second) COM Meeting will be held:

After:

and On or Before:

Actual Date:

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The Report will be provided to members:

After:

and On or Before:

Actual Date:

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The Report will be lodged with Commission:

After:

and On or Before:

Actual Date:

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Annual Reporting

The Annual Return of information contains various information including the offices, holders of office, the organisation and its branches (section 230). It is NOT the financial report of the organisation. The Annual Return must be lodged by the 31st of March.

For further information please see our Annual returns page.

The 2021 Annual Report will be lodged:

After:

and On or Before:

Actual Date:

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The 2022 Annual Report will be lodged:

After:

and On or Before:

Actual Date:

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Notification of Change

Notifications of change are required to be lodged under section 233(2). Any change to the records that form part of the Annual return must be notified within 35 calendar days. The notification cannot be made before the change has occurred. The requirement includes changes to the name or addresses of the organisation, branches, office holders and the offices themselves. There is a template to assist with this process and it must be signed by an officer.

For further information please see our notification of changes page.

The Change will take effect on:

Actual Date:

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The Notification of Change will be lodged:

After:

and On or Before:

Actual Date:

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ORP Disclosure Statements

Officer and Related Party Disclosure Statements are required under section 293J to be completed by all branches and organisations, even those branches that do not have financial affairs. It includes information on the relevant remuneration of the top ranked officers, their non-cash benefits and payments to related parties or declared persons or bodies. Relevant remuneration can include remuneration from boards. It must be provided to members and lodged with the Commission within 6 months after the end of the financial year.

For further information please see our Disclosure obligations page.

The ORP will be provided to members:

After:

and On or Before:

Actual Date:

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The ORP will be lodged with the Commission:

After:

and On or Before:

Actual Date:

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Elections

Prescribed information for elections must be lodged at least two months before the nominations in the election are due to open (section 189, reg 138). The date nominations open is controlled by an organisation’s rule book. Rule books are published on the Fair Work Commission’s website:

www.fwc.gov.au. Prescribed information can contain multiple stages at once; for example a first stage electing a Committee of Management and a second stage electing a President or Secretary from the Committee members.

For further information please see our elections page.

When an officer takes office will be controlled by the rules of the organisation. Once they take office, a notification of change must be lodged within 35 days. Officers with financial duties must undertake approved financial training within 6 months of taking office.

Nominations open on:

Actual Date:

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Prescribed Information will be lodged:

On or Before:

Actual Date:

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Person will take office on:

Actual Date:

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The Notification of Change will be lodged:

After:

and On or Before:

Actual Date:

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Officer Training must be completed:

After:

and On or Before:

Actual Date:

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Optimal compliance

The calculator includes practical limitations as well as legal requirements to ensure optimal compliance for organisations and their branches.

For instance it restricts:

the earliest time an AGM can occur to ensure that the full financial report is able to be provided to members 21 days before the AGM or
the last date for providing the report to members to ensure that the Designated Officer's Certificate can be fully completed for lodgement with the Commission.

Disclaimer

The calculator is not a replacement for your organisation’s rules or the legislation. It is designed to be guidance only. If you are uncertain or unsure of the timeframes and how they impact your organisation/branch, you may wish to seek legal advice.

The calculator assumes the financial year occurs at the end of the chosen month – if this is not correct, the calculator will not supply accurate information.