Australian Education Union

[2020] FWCD 2011

[2020] FWCD 2011

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Australian Education Union

(R2020/24)

MURRAY FURLONG MELBOURNE, 2 June 2020

Alteration of other rules of organisation.

1. On 27 February 2020 the Australian Education Union (the organisation) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules. On 6 May 2020 further submissions in support of the application were received.

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

1. The particulars set out alterations to Rules:

   9 – Admission to Membership
              12 – Financial Members
              18 – Determination of Membership.

1. The alterations to Rule 9 change provisions specifying when applicants to membership, who have made their application by telephone or in writing other than on an application for membership form, may be deemed to be a member of the organisation. Instead of 10 days from the date requisite information is provided to the applicant, the applicant may now be deemed a member of the organisation on the same day.

1. Rule 12 has been altered to replace the words ‘two months’ by ’60 days’, providing greater clarity to the period allowed for financial members to pay any current fees and levies in order to remain financial.

1. The alterations to Rule 18 more clearly expresses the process by which an unfinancial member may lose their membership and be removed from the register of members.

1. On 6 May 2020, Susan Hopgood, Federal Secretary, gave consent, under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009, for the Delegate to make various amendments to the alterations for the purpose of correcting typographical, clerical or formal errors. Accordingly, the following corrections have been made:

   ·   In Schedule A, point 3 has been amended to read:

   ‘3. Proposed Amendment to Rule 9
   That Rule 9 – Admission to Membership be amended by replacing subrule 10(c) by:
   “10(c) where sub-rule 4(c) applies, on the date which the Branch Secretary has furnished the applicant with the requisite information, or”.

   ·    In proposed rule 18(2): the word ‘with’ immediately following ‘received’ and preceding ‘14’ has been amended to ‘within’.

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

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