Australian Education Union

[2020] FWCD 6009

[2020] FWCD 6009

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Australian Education Union

(R2020/160)

MURRAY FURLONG MELBOURNE, 21 DECEMBER 2020

Alteration of other rules of organisation.

1. On 24 September 2020 the Northern Territory 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 alterations to Federal Branch Rules

   2 – Definitions
              6 – Branch Conference - Powers
              11 – Meetings of Branch Conference
              12 – Special Branch Conference
              17 – Powers – Branch Executive
              27A – General Meeting – Financial Reports
              77 – Duties of Branch Secretary
              78 – Duties of Treasurer
              99 – Funds and Investments
              101 – Statement of Branch Accounts
              102 – Subscriptions and Other Payments by Members
              103 – Loans, Grants and Donations
              110 – Ballot – Branch Executive
              132 – Method of Voting

1. The particulars also include the deletion of Federal Branch Rules

   142 – Disclosure of Officer’s Relevant Remuneration and Non-Cash Benefits
              143 – Disclosure of Officer’s Material Personal Interests
              144 – Disclosure by Branch of Payments
              145 – Financial Training.

1. Further, the particulars introduce new Federal Branch Rule 12A – Out of Session Ballot of Branch Conference.

1. The alterations can be grouped into five categories:

Category 1	Clarification of the powers of Branch Conference and Branch Executive
Category 2	Amendments to Branch Conference and Special Branch Conference provisions
Category 3	Amendments relating to financial management and membership subscriptions
Category 4	Clarification of the duties of Branch Secretary and Treasurer; and
Category 5	Updated legislative references and removal of redundant disclosure rules.

1. In Category 1, Federal Branch Rules 6, 17 and 99 have been altered to clarify the distribution of power between the Branch Conference and Branch Executive. These changes directly relate to an earlier application.[1] In this application, alterations were made to Rule 17 to clarify that the Branch Executive, and not the Branch Conference, is the Committee of Management of the Branch. In my Decision[2] I recommended that the separation of powers between each body be more clearly differentiated to give greater effect to the stated purpose of the alterations, which was to limit its financial training obligations.

1. In Category 2, Federal Branch Rules 11, 12 have been altered and a new Federal Branch Rule 12A has been introduced. These alterations allow more flexibility in how Conference Delegates may meet and create new provisions for Branch Conference to conduct out of session votes as required. In the current COVID-19 environment, it is prudent to have such provisions so that the functions of Branch Conference may carry on even if Delegates may not be able to meet in person.

1. In Category 3, Federal Branch Rules 27A, 101, 102 and 103 have been altered to reflect changes to financial management and membership subscriptions. The most significant changes in this category reflect a realignment of financial responsibilities from the Branch Treasurer to the Branch Secretary (reflecting the Branch Secretary’s role as the Branch’s Designated Officer), and greater flexibility around paying membership fees.

1. In Category 4 Federal Branch Rule 77 has been amended to incorporate a duty statement for the Branch Secretary, which sets out the responsibilities assigned to the Branch Secretary. These duties and responsibilities now clearly include many of the financial management processes which fall to the Branch Secretary as the Branch’s Designated Officer. Branch Rule 78 has also been amended to realign the duties of the Branch Treasurer with the responsibilities of the Branch Secretary.

1. In Category 5, Federal Branch Rules 2, 110 and 132 have been amended to update definitions and legislative references. In addition, Federal Branch Rules 142, 143, 144 and 145, which related to office disclosures that are no longer required by the Act to be included in an organisation’s rules have been deleted.

1. 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.

DELEGATE OF THE GENERAL MANAGER

[1] R2019/66

[2] [2019] FWCD 4647

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