Australian Federation of Air Pilots

[2020] FWCD 241

[2020] FWCD 241

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Australian Federation of Air Pilots

(R2019/145)

MURRAY FURLONG MELBOURNE, 17 FEBRUARY 2020

Alteration of other rules of organisation.

1. On 19 November 2019 the Australian Federation of Air Pilots (the Federation) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules.

1. The particulars set out alterations rules 1.4, 1.16, 1.19, 2.1, 2.2, 2.3, 3.1, 4.1, 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.9, 4.10, 5.1, 5.3, 5.4, 5.6, 5.7, 5.8, 5.9, 5.10, 5.11, 5.12, 5.13, 5.15, 6.4, 7.2, 7.3, 7.4, 7.5, 7.9, 7.11, 8.3, 8.5, 10.2, 10.5, 12.2, 12.3, 12.5, 12.6, 17, 19.1, 19.2, 19.3, 19.4, 19.5, 19.6, 19.7, 19.8, 19.9, 19.10, 19.12, 19.13, 19.14, 19.16, 19.19, 19.21, 19.22, 19.24, 19.27, 19.31, 19.36, 19.43, 19.47, 19.48. 19.49, 20, 23.1, 24.2 and 24.3.

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

1. Except as described below, the alterations establish a consistent form of gender-neutral language in the organisation’s rules by replacing expressions such as “he”, “he/she” and “his” with “they” and “their”.

1. The alteration to Rule 2.2 increases the period that aviation students can hold free cadet membership from two years to three.

1. The alterations to Rule 10.2 expand the role of the organisation’s Finance Committee by making it responsible for an officer and staff gift register and for keeping minutes consistent with subsection 141(1)(b)(iia) of the Fair Work (Registered Organisations) Act 2009 (the Act).

1. I am unable to certify the alteration to Rule 2.1. The alteration changes the final, unnumbered paragraph of sub rule 2.1(a) by deleting the word “his” and inserting the word “their” in lieu. That is unexceptional. However, Rule 2.1 relates to the conditions of eligibility for membership of the organisation. It is an eligibility rule as defined by section 6 of the Act. Applications to alter a registered organisation’s eligibility rules can only be determined by a Member of the Fair Work Commission (the Commission) under section 158 of the Act, or in limited circumstances by the General Manager under section 158A.

1. The issue was raised with the Federation by officers of the Commission on 23 January 2019. On 30 January 2019 the Federation wrote to the Commission, withdrawing the alteration to Rule 2.1.

1. The alteration to Rule 1.4 is affected by this course of action. Rule 1.4 defines various terms for the purposes of the Federation’s rules. It includes the following:

(h)         ‘He’, ‘His’, ‘Him’, ‘Himself’ wherever it appears is intended to be a gender neutral reference and applies equally to a female as it would to a male.

1. The proposed alteration to Rule 1.4 deletes that paragraph on the basis it would have no work to do once the rules were recast in gender neutral terms. However, because Rule 2 will continue to include the word “his” it is necessary to maintain the deeming provision in Rule 1.4.

1. The issue was raised with the Federation on 23 January 2020. On 30 January 2019 the Federation wrote to the Commission, withdrawing the alteration to Rule 1.4.

1. On 4 December 2019 the Federation’s President, Captain Louise Pole, gave consent, under subsection 159(2) of the Act, for the Delegate to make various amendments to the alterations for the purpose of correcting typographical, clerical or formal errors. Accordingly, the following corrections have been made:

   ·   In proposed Rule 2.19(g): the words ‘annual general meeting’ and ‘chair’ in the second sentence have been capitalised;

   ·   In proposed Rule 4.1(b): the first instance of ‘Committee member’ has been amended to read ‘Committee members’;

   ·   In proposed Rule 4.3(b) the second instance of ‘Committee member’ has been amended to read ‘Committee members’;

   ·   In proposed Rule 4.10(h): the word ‘chair’ has been capitalised;

   ·   In proposed Rule 5.10: the reference to ‘Vice-President’ has been amended to read ‘Vice-Chair’;

   ·   In proposed Rule 5.15(b): ‘Vice Chair’ has been hyphenated;

   ·   In proposed Rule 7.4(d): the first instance of ‘convention’ has been capitalised;

   ·   In proposed Rule 8.3: the ‘s’ should have been dropped from the word ‘vacates’ so that it reads ‘they sooner vacate their office’;

   ·   In proposed Rule 12.5: the second instance of ‘them’ has been amended to read ‘their’;

   ·   In proposed Rule 19.6: the word ‘satisfies’ has been amended to read ‘satisfy’;

   ·   In proposed Rule 19.37: this sub-rule has been renumbered as 19.35;

   ·   In proposed Rule 20: references to the Fair Work Commission are now preceded by the word ‘the’; and

   ·   In proposed Rule 24.3: ‘the word ‘their’ in the phrase ‘survival of their passengers’ has been amended to read ‘his’.

1. In my opinion, with the exception of the alteration to Rules 2.1 and 1.4, 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 Fair Work (Registered Organisations) Act 2009. The alterations to Rules 2.1 and 1.4 are withdrawn.

DELEGATE OF THE GENERAL MANAGER

Printed by authority of the Commonwealth Government Printer

< PR715967>