Australian Education Union-Western Australia Branch

[2015] FWCD 4945

[2015] FWCD 4945

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Australian Education Union
(R2015/136)
MR ENRIGHT	MELBOURNE, 14 AUGUST 2015
Alteration of other rules of organisation.

[1]        On 22 June 2015 the Western Australia Branch of the Australian Education Union (the

Branch) lodged with the Fair Work Commission (the Commission) a notice and declaration

setting out particulars of alterations to the Branch’s Federal Branch Rules.

[2]        The particulars set out alterations to Federal Branch Rules 1, 2, 6, 6.1, 8, 9, 9.1, 13 and

inserted a new Federal Branch Rule 13.1.

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

made under the rules of the organisation.

[4]        One alteration requires comment.

[5]        Federal Branch Rule 8 sets out conditions under which members may nominate for

various offices in the Branch. Amongst other things, the alteration to Federal Branch Rule 8

removes reference to the office Federal Executive Member.

[6]        Federal Rule 34 provides that the Federal Executive shall comprise, amongst others,

Federal Executive Members elected by Branches. A branch of the union with 15,000 financial

members assigned to its General Division is entitled to one Federal Executive Member. The

branch becomes entitled to additional Federal Executive Members for each additional 15,000

financial members, or part thereof, who are assigned to its General Division. This numerically

based entitlement is reviewed annually, on 30 June.

[7]        Federal Branch Rule 12 sets out a list of persons who, depending on the

circumstances, will ex officio be the Branch’s first Federal Executive Member. Therefore,

there will need to be 15,001 financial members attached to the General Division of the Branch

before a candidate for election to the office of Federal Executive Member must be sought. On

30 June 2015, there were 13,957 members attached to the General Division of the Branch.
[2015] FWCD 4945

[8]        On 15 July 2015 an officer of the Commission’s Regulatory Compliance Branch

discussed the alteration with the Branch Secretary and Branch President. The Branch accepted

that the alteration had introduced an anomaly to the Federal Branch Rules and undertook to

transact further alterations to correct that anomaly before any practical repercussions could

arise. That undertaking was confirmed in writing by the Branch President on 19 July 2015.

Further alterations to Federal Branch Rule 18 will be transacted in November 2015.

[9]        I have considered the alteration against the criteria in sections 140(1), 143(1)(d)(i) and

143(1)(f) of the Fair Work (Registered Organisations) Act 2009 (the Act). If the Branch was

entitled to a second Federal Executive Member, the proposed Federal Branch Rules would not

make provision for the manner in which persons may become candidates for election to that

office. However, the alteration does not in my view result in the Federal Branch Rules failing

to make provision as required by the Act, because the circumstances which result in someone

having to ascertain the manner in which they may become a candidate for the relevant office

do not arise and cannot arise before the anomaly is corrected.

[10]      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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