Application/Notification by Australian Municipal, Administrative, Clerical and Services Union

[2016] FWC 1764

[2016] FWC 1764

DECISION

Fair Work (Registered Organisations) Act 2009

s.158(1) RO Act—Rules of organisations

Australian Municipal, Administrative, Clerical and Services Union

(D2015/57)

DEPUTY PRESIDENT

MELBOURNE, 21 MARCH 2016

GOSTENCNIK

Application for alteration of eligibility rules

[1]        The Australian Municipal, Administrative, Clerical and Services Union (the ASU) has

applied for consent to the alteration of its eligibility rules. The application was lodged on 26

May 2015.

[2]         The application is for consent to alter Rule 5 “Industry and Eligibility” by amending

PART XXI and adding a new PART XXVIII of sub rule 5b.

[3]         The effect of the application was to delete former employers and name the successors,

and to provide continued existing coverage of defined classes of employees in the South

Australian energy industry without a requirement to introduce new rules to name successor

businesses.

[4]        The application was gazetted in the Commonwealth of Australia Gazette on 22 July

2015 and also published on the Fair Work Commission’s website.

[5]        The Construction, Forestry, Mining and Energy Union (CFMEU) lodged a notice of

objection on 25 August 2015.

[6]        Correspondence received from the “Automotive, Food, Metals, Engineering, Printing

and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union

(AMWU) on 31 August 2015 indicated agreement with the proposed application on condition

of agreed understandings between the ASU and the AMWU.

[7]        The ASU notified the Fair Work Commission (the Commission) on 30 September

2015 that it agreed to the undertakings.

[8]        The matter was listed for a Directions Hearing on 28 October 2015, which was

adjourned to provide the ASU and CFMEU an opportunity to negotiate an agreed outcome.

[9]        No agreement was reached and Directions were subsequently issued.

[10]       On 4 March 2016, the ASU advised the Commission the CFMEU’s objection had

been resolved on the basis of a limitation to the ASU’s proposed alteration. The terms of
[2016] FWC 1764

settlement between the ASU and CFMEU were provided to the Commission on 17 March

2016

[11]       Section 158 of the RO Act relevantly provides:

“158 Change of name or alteration of eligibility rules of organisation

(1) A change in the name of an organisation, or an alteration of the eligibility rules of

an organisation, does not take effect unless:

(a) in the case of a change in the name of the organisation—the FWC consents

to the change under this section; or

(b) in the case of an alteration of the eligibility rules of the organisation:

(i) the FWC consents to the alteration under this section; or

(ii) the General Manager consents to the alteration under section 158A.

(2) The FWC may consent to a change or alteration in whole or part, but must not

consent unless the FWC is satisfied that the change or alteration has been made under

the rules of the organisation.

(3) The FWC must not consent to a change in the name of an organisation unless the

FWC is satisfied that the proposed new name of the organisation:

(a) is not the same as the name of another organisation; and

(b) is not so similar to the name of another organisation as to be likely to cause

confusion.

(4) The FWC must not consent to an alteration of the eligibility rules of an

organisation if, in relation to persons who would be eligible for membership because

of the alteration, there is, in the opinion of the FWC, another organisation:

(a) to which those persons could more conveniently belong; and

(b) that would more effectively represent those members.”

[12]       The matter was heard on 21 March 2016.

[13]      As a result of the ASU and CFMEU reaching agreement in relation to the terms of the

application sought and after consideration of the agreed terms of the application for alteration

of eligibility rules I am satisfied that there has been compliance with the requirements of the

RO Act and the Regulations. I am also satisfied that:

1. The change has been made under the rules of the organisation (s.158(2)); and

2. The proposed alteration to the eligibility rules does not mean that there is another

organisation to which those who would be eligible because of the alteration could

more conveniently belong and that would more effectively represent those members.

(s.158(4))

[14]       I therefore consent to the changes to the eligibility rules sought by the ASU.

[15]       The change to the eligibility rules of the ASU will take effect from 23 March 2016.

[2016] FWC 1764

DEPUTY PRESIDENT

Appearances:

M. Rizzo for the Applicant

P Boncardo for the CFMEU

Hearing details:

2016

Melbourne:

March 21

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