Australian Education Union
[2020] FWCD 5165
•29 october 2020
| [2020] FWCD 5165 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Australian Education Union
(R2020/148)
| MURRAY FURLONG | MELBOURNE, 29 october 2020 |
Alteration of other rules of organisation.
On 15 September 2020 the New South Wales Teachers Federation (NSWTF) 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. Further material in support of this application was received on 25 September 2020.
On the information contained in the notice and subsequently lodged, I am satisfied the alterations have been made under the rules of the organisation.
The particulars set out an alteration to Federal Branch Rule 4.
Rule 4 relates to member subscriptions and levies. Under the current Rule 4(7), a member shall become unfinancial if his or her subscriptions, levies or fines remain unpaid for more than two months after becoming payable. The alterations seek to replace two months with ‘sixty days.’ I note that the Federal Rules were recently altered in the same manner.[1]
The alteration provides greater clarity as to the time frame in which levies and fines must be paid for a member to remain financial. It also creates consistency across the Federal Rules and the Federal Branch Rules. Proposed Rule 4(7) therefore ensures the rules surrounding financial obligations of membership are clear, particularly as they relate to the circumstances in which a member ceases to be financial.
In my opinion, the alterations comply with and are not contrary to the Fair Work (Registered Organisations) Act 2009 (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] [2020] FWCD 2011; 2 June 2020.
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