Australian Education Union-Western Australia Branch
[2016] FWCD 1219
•7 April 2016
[2016] FWCD 1219
DECISION
| Fair Work (Registered Organisations) Act 2009 | |
| s.159—Alteration of other rules of organisation | |
| Australian Education Union | |
| (R2015/256) | |
| MR ENRIGHT | MELBOURNE, 7 APRIL 2016 |
| Alteration of other rules of organisation. |
[1] On 24 November 2015 the Australian Education Union Western Australia Branch
(the Branch) lodged with the Fair Work Commission (the Commission) a notice and
declaration setting out particulars of alterations to the rules of the Branch.
[2] The particulars set out alterations to rules 12, and various minor alterations to the
headings of 13.1, 13B, 16B, Schedule A and Appendix A of the Branch rules. The alterations
to rule 12 provide how elections shall take place in the event that the Branch becomes entitled
to further positions on the Federal Executive.
[3] The particulars of alterations lodged on 24 November 2015 stated that the alterations
were transacted at an annual meeting of the Branch Council held in November. The rules of
the Branch require that the annual meeting is held in June. On 30 March 2016, the Branch
provided further information that the meeting where the rule alterations were transacted was
not the annual meeting of Branch Council.
[4] On the information contained in the notice, I am satisfied the alterations have been
made under the rules of the organisation.
[5] 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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