Australian Education Union-Western Australia Branch

Case

[2016] FWCD 1219

7 April 2016

No judgment structure available for this case.

[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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