Australian Education Union - Western Australia Branch

[2017] FWCD 4835

[2017] FWCD 4835

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Australian Education Union - Western Australia Branch

(R2017/143)

MURRAY FURLONG MELBOURNE, 30 november 2017

Alteration of other rules of organisation.

1. On 27 June 2017, the Australian Education Union - Western Australia Branch (the Branch) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules. Further information regarding compliance with Regulation 126 of the Fair Work (Registered Organisations) Regulations 2009 was provided on 21 September 2017.

1. The particulars set out alterations to Rules 4 and 9.1 and the insertion of Rule 17A of the Federal Branch Rules.

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

1. The alteration to Rule 4 changes the method in which notice of a meeting is provided to the Branch Council by the Branch Secretary where that meeting will be considering amendments to the Federal Branch Rules.

1. The alterations to Rule 9.1 refine the election provisions in the Federal Branch Rules which pertain to Team nominations for groups of offices.

1. The insertion of Rule 17A intends to align the Federal Branch Rules with those of the Branch’s State counterpart union. At present, the Federal Branch Rules does not set out the period of twelve months that constitute the Branch’s financial year. Consequently, the definition of “financial year” in section 6 of the Fair Work (Registered Organisations) Act 2009 (‘the Act’) applies. This means that the Branch’s financial year ends on 30 June annually. By contrast, the financial year of The State School Teachers’ Union of W.A. (Incorporated) runs from 1 January to 31 December each year. The alteration in rule17A will change the Branch’s financial year so that it is consistent with The State School Teachers’ Union of W.A. by also commencing on 1 January and ending on 31 December each year.

1. Section 6 of the Act contemplates a financial year of the type sought. However in certifying the alteration, I note s.240 of the Act will be relevant to when the alteration has practical effect. In this regard I recommend the Branch discusses its future financial reporting obligations with the Registered Organisations Commissioner or his staff.

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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