Australian Federated Union of Locomotive Employees

[2019] FWCD 5758

[2019] FWCD 5758

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Australian Federated Union of Locomotive Employees

(R2019/99)

MURRAY FURLONG MELBOURNE, 27 AUGUST 2019

Alteration of other rules of organisation.

[1] On 6 August 2019, the Australian Federated Union of Locomotive Employees (AFULE) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to the rules of AFULE.

[2] The particulars set out alterations to rule 11 Divisional Council and rule 23 Election of Officers of the rules of AFULE.

[3] Rules 11 and 23 currently provide for the establishment of a Divisional Councillor from each of seven specified Divisions. They further stipulate that each Division shall comprise the membership of specific Sub Branches.

[4] The effect of the alterations include:

● Removing the specific reference to seven Divisional Councillors and the provisions which establish each of the existing Divisions and Sub Branches;

● Providing that the Divisional Council may add new Divisions or Sub Branches as they are formed or remove them if they dissolve; and

● Providing that the Committee of Management will determine the number of Divisions in which Divisional Councillors are to be elected from and/or the Sub Branches which comprise each of the Divisions prior to the calling of nominations for the election of Divisional Councillors.

[5] Thus, the alterations essentially provide a level of flexibility with regard to the creation or dissolution of the Divisions and Sub Branches of AFULE and, therefore, the number of offices of Divisional Councillor established and subject to election.

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

[7] 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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