Australian Education Union-Western Australia Branch

[2016] FWCD 6430

[2016] FWCD 6430

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Australian Education Union
(R2016/102)
MR ENRIGHT	MELBOURNE, 9 SEPTEMBER 2016
Alteration of other rules of organisation.

[1]        On 1 June 2016 the Western Australia 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 Federal Branch Rules. Further information was provided by the

Branch on 14 July 2016, to confirm that the alterations had been made under the rules of the

organisation and in accordance with Regulation 126 of the Fair Work (Registered

Organisations) Regulations 2009.

[2]        The particulars set out alterations to Federal Branch Rule 2 and inserted new Federal

Branch Rule 17A.

[3]        The alteration to Federal Branch Rule 2 prospectively alters the composition of Branch

Council. New Rule 17A would redefine the Branch’s financial year.

[4]        On the information contained in the notice, I am satisfied the alterations have been

made under the rules of the organisation.

[5]        After examining the notification, staff of the Fair Work Commission’s Regulatory

Compliances Branch were concerned that new Federal Branch Rule 17A might be contrary to

the Fair Work (Registered Organisations) Act 2009 (the Act), in particular to the definition of

“financial year” that appears in section 6 of the Act.

[6]        Those concerns were raised with the Branch on 14 July 2016. A copy of a decision

1

dealing with a similar rule was provided and the Branch was invited make submissions about

whether new Rule 17A was able to be certified under section 159 of the Act.

[7]        On 18 July the Branch President responded to that invitation. She stated, in part: “I

have read the decision referred to and understand the reasoning behind it. On that basis, the

AEU WA Branch seeks to withdraw that part of the application relating to the financial year.”

As a result, it is no longer necessary to consider whether new Rule 17A could be certified.
[2016] FWCD 6430

[8]        The alteration to Rule 2 is uncontroversial. However, in light of the withdrawal of new

Rule 17A I must consider whether I can deal with the remaining alteration.

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[9] In Re: Screen Producers Association of Australia I set out the principles applicable to

severing rules. Central to those principles is whether the alteration that remains for

certification is independent of the alteration which will be refused, or in this case withdrawn.

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The removal of new Rule 17A must not affect the meaning of effect of Rule 2.

[10]      I am satisfied that the alteration can be severed. The definition of the Branch’s

financial year does not affect the office of Branch Councillor, the composition of the Branch

Council, the manner of the Branch Council’s election nor the term of office of its members.

[11]      In my opinion, the alteration to Federal Branch Rule 2 complies with and is 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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1

Re: Australian Community Services Employers Association, Union of Employers; [2014] FWCD 7315; Mr Enright; 24

October 2014 at paragraphs [12] – [13].

2

[2014] FWCD 1821; Mr Enright; 11 July 2014 at paragraphs [81] – [83]

3

Ibid. See paragraph [83].