Australian Education Union

[2024] FWCD 1038

[2024] FWCD 1038

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Australian Education Union

(R2024/81)

CHRIS ENRIGHT MELBOURNE, 24 JULY 2024

Alteration of other rules of organisation.

1. On 17 June 2024 the South Australian Branch of the Australian Education Union (the Branch) lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to its rules. Further information in support of the alterations was lodged on 24 June 2024.

1. The Branch seeks certification of the alterations under section 159 of the Fair Work (Registered Organisations) Act 2009 (the Act).

1. On the information contained in the notice and declaration, I am satisfied the alterations have been made under the rules of the organisation.

1. The particulars set out alterations to the following South Australian Branch rules:

   ·     Rule 3 – Branch Council – Powers;

   ·     Rule 6 – Branch Executive – Powers; and

   ·     Rule 21 – Appointment of Administrative Officers.

1. The Branch employs Administrative Officers for the efficient operation of the Branch.[1] The rule that governs the employment of Administrative Officers is rule 21. I note that Administrative Officers are not officers as defined by section 9 of the Act.

1. Currently, the Administrative Officers are appointed or reappointed by the Branch Council for a term of three years. The selection process is overseen by a Review Committee that assesses applications and subsequently makes recommendations to the Branch Council. If the recommendation is challenged by non-recommended applicants, a ballot performed by the Branch Returning Officer will determine the successful candidate for the position. The current rules also provide for the procedures for filling extraordinary vacancies.

1. Proposed rule 21 removes the term limitations for the position and shifts the recruitment responsibility to the Branch Secretary. Proposed rule 21 also removes the provisions in relation to filling extraordinary vacancies and changes the rule title from “Appointment of Administrative Officers” to “Employing Administrative Officers”. Some processes remain as under the current rules, for instance, non-recommended applicants are still able to challenge recommendations and the ballot process remains the same.

1. Following the changes to rule 21, consequential changes are made to rules 3 and 6.

1. The alteration to subrule 3(3)(g) empowers the Branch Council to authorise the Branch Secretary to employ Administrative Officers.

1. The alterations to subrules 6(2)(g) and 6(2)(h) clarify that the Branch Executive has the power to determine the duties, terms and conditions and termination of employees of the Branch.

1. The alterations are not controversial, as they relate to the regular management of the Branch. They do not require comment beyond expressing my opinion about the matters set out in subsection 159(1) of the Act.

1. In my opinion, the alterations comply with and are not contrary to the Act, the Fair Work Act 2009, modern awards and enterprise agreements, are not otherwise contrary to law and were made under the rules of the organisation. I certify accordingly under subsection 159(1) of the Act.

DELEGATE OF THE GENERAL MANAGER

[1] Branch subrule 20(1).

Printed by authority of the Commonwealth Government Printer

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