Australian Education Union

[2017] FWCD 2959

[2017] FWCD 2959

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Australian Education Union

(R2017/54)

MURRAY FURLONG MELBOURNE, 23 JUNE 2017

Alteration of other rules of organisation.

1. On 11 April 2017 the Australian Education Union lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its Federal Rules.

1. The particulars set out alterations to rules 26, 34, 43 and 46. The alterations transfer from Federal Conference to Federal Executive the power to:

   ·  create and abolish positions of Federal Professional Officer and employee;

   ·  appoint and dismiss Federal Professional Officer and employee; and

   ·  determine the conditions of employment for Federal Professional Officers.

1. Minor incidental alterations have also been made.

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

1. On 26 May 2017, Susan Hopgood, Federal Secretary of the Australian Education Union, gave consent under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009 (the Act) for me 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 proposed rule 34(1)(c)(i), a comma has been inserted after ‘fit’.

   ·  In proposed rule 34(1)(c)(ii), the full stop after ‘employees’ has been replaced by a comma.

   ·  In proposed rule 34(1)(c)(iii), the word ‘to’ has been inserted before ‘determine’ and the comma after “Officers” has been replaced by a full stop.

   ·  In proposed rule 46(5), the words ‘Workplace Relations Act 1996’ have been replaced by ‘Fair Work (Registered Organisations) Act 2009’.

1. In my opinion, the alterations comply with and are not contrary to 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

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