Australasian Meat Industry Employees Union, The

[2019] FWC 6991

[2019] FWC 6991

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009
s.158(1) RO Act - Application for alteration of eligibility rules

Australasian Meat Industry Employees Union, The
(D2019/12)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 9 OCTOBER 2019

Application for alteration of eligibility rules.

[1] The Australasian Meat Industry Employees Union (AMIEU) has applied to the Fair Work Commission (Commission) under s.158(1) of the Fair Work (Registered Organisations) Act 2009 (the RO Act) to alter its eligibility rules. Section 158(1) enables the Commission to consent to alteration of the eligibility rules if it is satisfied that the alteration has been made under the rules of the organisation.

[2] The proposed alteration amends sub-rule 4.1 from:

“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”

to:

“4.1 the Butchering and Meat Industry, Refrigerating Industry, or in any kindred industry handling or processing the products of the Meat Industry or of Meat (being defined as any product derived from tissue), in the Commonwealth; and”

[3] AMIEU submit that there are two purposes of the rule change. The first is to provide clarity as there is currently no definition of meat in the rules, and the second is to expand its coverage to include workers in the ‘cultured meat’ industry. Cultured meat is meat ‘grown’ in a lab environment using stem cells.

[4] While the AMIEU state that it is not aware of any current industrial production, researchers suggest that commercial production may occur soon.

[5] The proposed rule change was unanimously endorsed by the AMIEU Federal Council in one of their biennial meetings in September 2018 in accordance with rule 39 of the organisation. The organisation appears to have satisfied the requirements of its rule altering procedures.

[6] The organisation is also required to comply with Regulation 121 of the Fair Work (Registered Organisations) Regulations 2009 (the Regulations). Regulation 121 sets out as follows:

121 Application for consent to change of name or alteration of eligibility rules of an organisation (s 158(1))

(1) An organisation may apply to the FWC for the consent of the FWC under subsection 158(1) of the Act to:

(a) change the name of the organisation; or

(b) alter the eligibility rules of the organisation.

(2) An application under subregulation (1) must:

(a) be in the form set out in the Procedural Rules or in a form otherwise approved by the President; and

(b) set out:

(i) if the application is for consent to change the name of the organisation—the proposed name and the reason for the proposal; or

(ii) if the application is for consent to alter the eligibility rules of the organisation—the proposed alteration, the reason for the proposal and the effect of the proposal, in sufficient particularity to allow the proposal to be properly considered; and

(c) contain a declaration:

(i) that the change or alteration was made in accordance with the rules of the organisation; and

(ii) stating the action taken under those rules to make the change or alteration; and

(iii) verifying the facts stated in the application; and

(d) be lodged with the FWC; and

(e) if the application is for consent to alter the eligibility rules of the organisation—be lodged with a copy of the rules that are proposed to be altered.

(3) If an application under subregulation (1) is not in accordance with this regulation, the General Manager must tell the applicant how the application or statement does not comply with the regulation.

(4) An organisation that has a web site must publish on its web site a notice that it has lodged the application mentioned in subregulation (1).

[7] I am satisfied that the alternation to the rules was made in accordance with the rules of the organisation.

[8] The application was made by Mr Graham Smith, Federal Secretary Treasurer and a member of the Federal Executive Board of the organisation. The application is in the approved Form F68 and sets out the proposed alterations, the reason for the alteration and the effect of the alteration.

[9] The application contains a statutory declaration made by Mr Smith that the alteration was made in accordance with the rules of the organisation stating the action taken under those rules to make the alteration; and verifying the facts stated in the application. The steps taken by the AMIEU in accordance with rule 39 of its rules outlined in the statutory declaration are as follows:

•  The Federal Executive submitted a proposal for the alteration of the rules to Mr Smith, as the Federal Treasurer;

•  Mr Smith caused notice of the proposed rule change to be provided to all Branch Committees of Management by issuing a discussion paper to the Federal Executive to be distributed before their June 2018 meeting, providing minutes from the meeting of the Federal Executive about the proposal to all AMIEU branches and by discussions at the meeting of the Federal Council;

•  The Federal Council met on 13 September 2018 where quorum within the meaning of the rules was met;

•  The Federal Council unanimously endorsed the proposed rule change; and

•  Mr Smith caused notice to be provided to all Branch Committees of Management containing a consolidated copy of the proposed rule changes.

[10] A notice of the application in this matter was gazetted in the Commonwealth of Australia Gazette on 25 July 2019. In accordance with regulation 14 of the Regulations, the Australian Workers Union (AWU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) lodged notices of objection in the Commission.

[11] However on 16 September 2019 the AMWU withdrew its objection on the basis that it had entered into an agreement with AMIEU and on 12 September 2019 the AWU withdrew its objection on the basis that it had received written undertakings from the AMIEU. In the circumstances I have decided to determine the matter on the papers.

[12] I am satisfied that the organisation has complied with the requirements of Regulation 121 of the Regulations and after giving notice in the Gazette, that there is no objection to the alteration of sub-rule 4.1 of the organisation’s rules. I have decided to consent to the alteration under s.158 of the RO Act.

DEPUTY PRESIDENT

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