Australian Education Union

[2018] FWCD 6430

[2018] FWCD 6430

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Australian Education Union

(R2018/232)

MURRAY FURLONG MELBOURNE, 3 December 2018

Alteration of other rules of organisation.

1. On 30 August 2018 the Victorian Branch of the Australian Education Union (the Branch) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules. On 16 November 2018 the Branch lodged further submissions in support of the application

1. The particulars set out alterations to Rules:

   3 – Branch Conference – powers
   7 – Branch Council – powers
   10 – Branch Executive – powers
   32 – Duties of the Branch Secretary
   39 – Branch funds
   40 – Allocation of funds to a Region or Sub-Branch
   41 – Branch Auditor
   44 – Branch common seal
   45 – Registered office.

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

1. The alteration to Rule 3 removes financial management duties from the Branch Conference.

1. The alterations to Rule 7 confirm the powers of the Branch Council are those of the Branch Conference when not in session with the exception of rule alterations and financial management. These alterations also restrict the Branch Council from recommending, rather than determining, any terms and conditions of employment of Branch Officers.

1. The alterations to Rule 10 confirm the Branch Executive’s role as the Branch committee of management, and grant the Branch Executive the power to determine the remuneration and conditions of employment of Branch Officers.

1. The alterations to Rule 32 direct the Branch Secretary to submit the annual budget to the Branch Executive for approval, and to submit financial statements to meetings of the Branch Executive, as well as the Branch Conference and Branch Council for their consideration.

1. The alterations to Rule 39 restrict the authority to disburse Branch Funds to the Branch Executive.

1. The alterations to Rule 40 grant the Branch Executive the power to determine yearly levels of funding for regions and sub-branches, and taking into account recommendations provided by Branch Council, to determine regional and sub-branch expenditure guidelines from time to time.

1. The alterations to Rule 41 shift the power to appoint an auditor from the Branch Council to the Branch Executive. This aligns with the role of Branch Executive as committee of management responsible for financial management. The alterations to Rule 41 also update references to outdated legislation.

1. The alteration to Rule 44 restricts the power to authorise use of the common seal of the Branch to the Branch Executive.

1. The alteration to Rule 45 updates the Branch’s registered office to its new location of 112 Trenerry Crescent, Abbotsford, Victoria.

1. The submissions lodged 16 November 2018 provided background information into the transfer of financial management powers to the Branch Executive from the Branch Council and Branch Conference.

1. The alterations are intended to remove duplication of functions across the Branch’s decision-making bodies, ensure consistency and allow for greater responsiveness in the administration of financial management matters.

1. I am satisfied that the stated intentions of the Branch in transacting these rule alterations align with the intention of Parliament in enacting the Act, in particular with section 5 of the Act.

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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