Australian Education Union

[2021] FWCD 257

[2021] FWCD 257

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Australian Education Union

(R2020/206)

MURRAY FURLONG MELBOURNE, 19 JANUARY 2021

Alteration of other rules of organisation.

1. On 25 November 2020 the South Australian Branch (the Branch) of the Australian Education Union lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its Federal Branch rules.

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

1. The particulars set out an alteration to Federal Branch Rule 42.

1. Rule 42 describes the Branch’s rule altering procedure. Sub-rule 42(3) currently provides that proposals to alter the Federal Branch rules are to be published in the Branch Journal. The Branch seeks to broaden this provision by enabling proposals to alter the rules to be published or transmitted to members by other means. The alteration allows for flexible communication, is generally more accessible to members and aligns with parliament’s intention under the Fair Work (Registered Organisations) Act 2009 (the Act) to ensure that organisations are able to operate effectively.[1]

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, and are not otherwise contrary to law. I certify accordingly under subsection 159(1) of the Act.

DELEGATE OF THE GENERAL MANAGER

[1] See s 5(3)(a) of the Act.

Printed by authority of the Commonwealth Government Printer

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