Australian Education Union

[2019] FWCD 345

[2019] FWCD 345

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Australian Education Union

(R2018/282)

MURRAY FURLONG MELBOURNE, 15 FEBRUARY 2019

Alteration of other rules of organisation.

1. On 20 November 2018 the Australian Education Union - Tasmanian Branch (“the Branch”) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules. Additional information regarding the transaction of alterations was provided on 17 and 23 January 2019.

1. The particulars set out alterations to the following Federal Branch Rules in relation to the Tasmanian Branch:

   3 – Branch Council
   Schedule C – Member Subscriptions

1. The alteration to Schedule C removes the previous Membership Subscriptions Table and inserts a new Member Contributions Table based on various membership types.

1. The alteration to Schedule C also inserts definitions of Branch membership types: Associate members, Leadership, Non-teaching associated, Nurse Educator, Teaching, Promoted position, Relief member, Sessional and Student.  

1. The alteration to Rule 3 enables the Branch Council to determine and impose entrance fees and subscriptions for Union members and persons eligible to be Union Members.

1. The previous Membership Subscriptions Table determined a member’s subscription fee based on that member’s Employment Category within the Branch rules. Each Employment Category was determined in accordance with a number of relevant awards, such as the Teaching Service (Tasmanian Public Sector) Award or Tasmanian State Service Award General Stream. The new Member Contributions Table allows a member’s fee to be determined based on their salary banding within a membership type specified within Schedule C. The new member contribution table will result in a reduction of fees some Branch members, however the Branch has identified that there will be fee increases for a number of membership types.

1. Alterations to the Branch’s membership subscriptions raises questions in regards to subsections 5, 159(1) and 142(1)(c) of the Fair Work (Registered Organisations) Act 2009 (“the Act”). These provide the following:

Section 142 – General requirements for rules

(1)   The rules of an organisation:

……

(c)must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to the Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust.

Section 159 – Alteration of other rules of organisation

(1)   An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has been certified that, in his or her opinion, the alteration:

(a) complies with, and is not contrary to, this act, the Fair Work Act, modern awards and enterprise agreements; and

(b)   is not otherwise contrary to law; and

(c)   has been made under the rules of the organisation.

1. The Branch provided the follow reasoning for the need to introduce a new simplified Member Contributions Table:

·   our current methodology is highly complex with some 6000 different contribution rates.

·   the introduction of a new database requires reduced complexity in how we levy member contributions

·   the current rules have not kept up with membership changes 

1. I have considered the Branch’s submission and find that the alterations are consistent with the Parliament’s intentions in enacting the Act specified in section 5 and does not impose conditions, obligations or restrictions that are oppressive, unreasonable or unjust as per section 142 of the Act. The magnitude of subscription increases across member types is not onerous. The alterations will enable members to more readily ascertain their financial obligations arising from membership as per section 141(1)(d) of the Act.

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

1. On 5 February 2019, Helen Richardson, Branch President, 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 correction has been made:

·   within the proposed new Members Contribution Table in Schedule C, third row underneath the column heading of ‘Leadership Annual Salary’ the values should be $80,000 - $99,999 and not $80,000 - $90,000.

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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