Australasian Meat Industry Employees Union, the

[2014] FWCD 7656

[2014] FWCD 7656

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
The Australasian Meat Industry Employees Union
(R2014/240)
MR ENRIGHT	MELBOURNE, 29 OCTOBER 2014
Alteration of other rules of organisation.

[1] On 3 October 2014, The Australasian Meat Industry Employees Union (AMIEU)

lodged with the Fair Work Commission (the Commission) a notice and declaration setting
out particulars of alterations to the rules of the AMIEU.

[2] The particulars set out alterations to rules 13, 16, 18, 26, 42, 43, 44, 47, 50 and 55 of the rules of the AMIEU.

[3] On 22 October 2014, the Commission wrote to the AMIEU seeking confirmation that the quorum requirement for a meeting of Federal Council set in out in rule 21 of the rules of the AMIEU was met during its biennial meeting of 1-5 September 2014 during which the relevant rule alterations were made.

[4] On 28 October 2014, the AMIEU lodged a further supplementary declaration made by Mr Graham Smith, Federal Secretary of the AMIEU, dated 24 October 2014. In that declaration, Mr Smith states that the quorum requirement set out in rule 21 of the rules of the AMIEU was met during its biennial meeting of 1-5 September 2014.

[5] On the information contained in the notice and the further supplementary declaration

lodged on 28 October 2014, I am satisfied the alterations have been made under the rules of
the AMIEU.

[6] The alterations to rule 47.5 as set out in the notice of particulars appear to have the effect of abolishing several offices of the Committee of Management of the Victorian Branch of the AMIEU. This may have the further effect that the current holders of those offices may cease to be officers of the AMIEU before the expiration of their relevant terms of office.

[7] Section 141(1)(c) of the Fair Work (Registered Organisations) Act 2009 (the Act) provides that the rules of an organisation:

“(c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:

[2014] FWCD 7656

(i)          misappropriation of the funds of the organisation; or

(ii)         a substantial breach of the rules of the organisation; or

(iii)        gross misbehaviour or gross neglect of duty;

or has ceased, under the rules of the organisation, to be eligible to hold the office”.

[8] In several judgments of members of the Federal Court of Australia it has been held that predecessors to section 141(1)(c) of the Act apply to the abolition of offices made pursuant to alterations to the rules of an organisation to the extent that the abolition occurs before the expiry of the terms of those offices.1However, the weight of authority suggests that

an abolition of an office in such circumstances does not attract section 141(1)(c) of the Act provided it is effected in accordance with the rules of the relevant organisation and is bona fide.2 As noted above, I am satisfied that the alterations were made in accordance with the rules of the AMIEU. The declaration of Mr Smith dated 3 October 2014 which was lodged with the notice of particulars provides that the alterations to rule 47.5 were proposed by the Victorian Branch following a resolution of the Victorian Branch Committee of Management. Given this, I am satisfied that the alterations to rule 47.5 reflect a bona fide exercise of the rule altering procedures of the AMIEU.

[9] I am also satisfied that the alterations to rule 47.5 do not impose a condition, obligation or restriction that is “oppressive, unreasonable or unjust” for the purposes of section 142(1)(c) of the Act and that the circumstances of the present matter are readily distinguishable from those in authorities such as Benson v Construction, Forestry, Mining and

Energy Union (1995) 60 IR 394.

[10] On 28 October 2014, Mr Smith gave consent, under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009, for the Delegate to make various amendments to

the alterations for the purpose of correcting typographical, clerical or formal errors.
Accordingly the following corrections have been made:

 The words to be inserted into rule 16.1 include the words “the Assistant Branch

Secretary of the” immediately before the words “South and Western Australian
Branch”.

[11] 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

agreements, and are not otherwise contrary to law. I certify accordingly under subsection
159(1) of the Fair Work (Registered Organisations) Act 2009.

[2014] FWCD 7656

DELEGATE OF THE GENERAL MANAGER

Endnotes:

1 For example, Saint v Australian Postal and Telecommunications Union (1977) 30 FLR 385 at 397 per St John J; Copeland v

Ludwig (1994) 57 IR 436 at 446.

2 See Saint v Australian Postal and Telecommunications Union (1977) 30 FLR 385 at 393 per Dunphy & Evatt JJ; Hills v

Higgins (1982) 61 FLR 131 at 143; Roughan v Coulson (1982) 3 IR 393 at 396; Benson v Construction, Forestry, Mining

and Energy Union (1995) 60 IR 394 at 401-402.

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