Association of Professional Engineers, Scientists and Managers, Australia, the

Case

[2015] FWCD 4340

16 July 2015

No judgment structure available for this case.

[2015] FWCD 4340

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation

The Association of Professional Engineers, Scientists and Managers,

Australia

(R2015/144)

MR ENRIGHT MELBOURNE, 16 JULY 2015
Alteration of other rules of organisation.

[1]        On 26 June 2015, The Association of Professional Engineers, Scientists and Managers,

Australia (the Association) lodged with the Fair Work Commission a notice and declaration

setting out particulars of alterations to the rules of the Association.

[2]        The particulars set out alterations to rules 4, 16.1, 16.2, 16.3, 16.4, 16.5, 18.3, 18.6,

18.8 and 18.9 in Part 1 – the Federal Rules; alterations to rules 2.1, 12.1, 14.1 and 14.2 and

the addition of rule 14A in Part 2 – the Division Rules; alterations to rules 5, 6, 7 and 8 and

the consequential renumbering of 9, 10 and 11 in Appendix G; alterations to rules 5, 6 and 7

in Appendix I; alterations to 5.2, 5.3 and 6.1 in Appendix J; and alterations to rules 12.1, 12.2,

12.8, 14.1 and the deletion of 14.3 in Appendix K.

[3]        The objective of the alterations is to improve the wording of various rules so as to

provide greater clarity, remove ambiguities and typographical errors and provide for 2-year

terms of office for the Managers and Professionals and Pharmacists Division.

[4]        Amongst other things, the alterations enable the Returning Officer to set dates for each

election stage between 1 August and the end of February in the following year; clarify the size

of the Pharmacists Division Committee and the election of the Pharmacists Division

Committee by a collegiate voting system; extend terms of offices for officers of the Managers

and Professionals and Pharmacists Divisions; clarify the composition of the Division

Executive for different Divisions, in particular the Engineers’ and Scientists’ Divisions;

clarify the number of National Assembly representatives elected and the scope of the three-

yearly review of the Ratio for determining the number thereof; clarify the number of National

Assembly Delegates to be elected in the 2015/16 elections; change the quorum of the Annual

General Meeting for the Professional Scientists Division; and provide for other consequential

and typographical amendments.

[5]        On the information contained in the notice, I am satisfied the alterations have been

made under the rules of the organisation.

[6]        In my opinion, the alterations comply with and are not contrary to the Fair Work

(Registered Organisations) Act 2009, the Fair Work Act 2009, modern awards and enterprise

[2015] FWCD 4340

agreements, and are not otherwise contrary to law. I certify accordingly under subsection

159(1) of the Fair Work (Registered Organisations) Act 2009.

DELEGATE OF THE GENERAL MANAGER

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