Australasian Meat Industry Employees Union, The
[2012] FWA 6054
•17 JULY 2012
[2012] FWA 6054 |
|
DECISION |
Fair Work (Registered Organisations) Act 2009
s.158(1) RO Act—Rules of organisations
Australasian Meat Industry Employees Union, The
(D2012/203)
SENIOR DEPUTY PRESIDENT HAMBERGER | SYDNEY, 17 JULY 2012 |
Application to add a subrule 4.3 to the Constitution of the AMIEU Rulebook.
[1] On 18 April 2012 the Australian Meat Industry Employees’ Union (AMIEU) applied to Fair Work Australia (FWA) seeking to alter the eligibility rules of the AMIEU.
[2] The application indicated that the reason for the proposed alteration was as follows:
“(a) the only effect of the change is to ensure officials and other employees of the AMIEU remain eligible to be members of the union;
(b) the proposed change includes person “employed” by the Union because some branches of the AMIEU employ organisers who are not “officers” of the Union (because they are appointed rather than elected) and the AMIEU considers that appointed organisers (nearly all of whom were rank-and-file AMIEU members or delegates prior to becoming organisers) should be able to maintain their eligibility to be AMIEU members and participate in the affairs of the union in the same manner as any other member;
(c) the proposed change makes it clear that the AMIEU does not intent to cover employees eligible to be members of the Australian Services Union, and to that end specifically excludes those employees primarily engaged in clerical work;
(d) it seems reasonably common for registered of employees to have such a provision in their eligibility rules to include both elected and employed officials.”
[3] The application was accompanied by a declaration that the alteration was made in accordance with the rules of the AMIEU.
[4] Notice of the application was published in the Commonwealth of Australia Gazette, Government Notices, on 9 May 2012. One objection was made to the proposed alteration, by the Australian Municipal, Administrative, Clerical and Services Union (ASU).
[5] Following discussions between the AMIEU and the ASU, the AMIEU varied its application during a hearing held on 9 July 2012.
[6] On 10 July 2012 the Federal Executive of the AMIEU confirmed the amendments and on 11 July, the ASU advised FWA that it had withdrawn it objection to the alteration of the association’s eligibility rules. I note the resolution of the single objection to this application and also note that correspondence between the parties in relation to the withdrawal has been provided to FWA.
[7] I am satisfied that the application made by the association meets the requirements of s. 158 of the Fair Work (Registered Organisations) Act 2009. I consent to the alteration of the association’s eligibility rules on the basis sought in the amended application.
[8] Rule 4 - Constitution - of the rules of the AMIEU are altered by inserting a new subrule 4.3 as follows:
“4.3 In addition to the foregoing, all persons, whether employed in the above industries or not, who have been elected as officials of the Union, or who are employed by the Union, shall be eligible to be members of the Union (whilst holding such office or engaged in such employment) - other than those employees of the union engaged in classifications covered by the Clerks - Private Sector Award 2010 or the Social, Community, Home Care and Disability Services Industry Award 2010.”
[9] Rule 4 as amended is appended to this decision at Attachment A.
[10] The alteration will come into operation from 17 July 2012.
SENIOR DEPUTY PRESIDENT HAMBERGER
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Attachment A
4 - CONSTITUTION
The Union shall consist of all persons of good character who are employed in any position in or in connection with, or who are usually employed in, or who are qualified and desire to be employed in:-
4.1 the Butchering and Meat Industry, Refrigerating Industry, or in any kindred industry handling the products of the Meat Industry, in the Commonwealth; and
4.2 in the industries of:
4.2.1 the manufacture of condensed milk and/or dried milk and/or malted milk and/or casein and/or similar products (other than in factories exclusively manufacturing malted milk);
4.2.2 the manufacture of butter and/or cheese;
4.2.3 the receival and treatment of whole milk (other than in plants which receive, treat and retail milk only);
in the State of New South Wales, other than persons eligible to be members of the Federated Engine Drivers and Firemen's Association of Australasia; and without limiting the generality of any other provision hereof in the State of Western Australia the industries of processing, freezing and/or packing marine reptiles and of cold storage other than cold stores connected with the milk industry or at factories where any of the following products are manufactured or processed, butter, cheese, condensed milk, yoghurt or casein; and who are admitted as members of the Union.
4.3 In addition to the foregoing, all persons, whether employed in the above industries or not, who have been elected as officials of the Union, or who are employed by the Union, shall be eligible to be members of the Union (whilst holding such office or engaged in such employment) - other than those employees of the union engaged in classifications covered by the Clerks - Private Sector Award 2010 or the Social, Community, Home Care and Disability Services Industry Award 2010.
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