Australian Federation of Air Pilots

[2021] FWCD 275

[2021] FWCD 275

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Australian Federation of Air Pilots

(R2020/188)

MURRAY FURLONG MELBOURNE, 10 February 2020

Alteration of other rules of organisation.

1. On 30 October 2020 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. On the information contained in the notice, I am satisfied the alterations have been made under the rules of the organisation.

1. The particulars set out alterations to Rules

   2 – Membership
   4 – Councils
   8 – President
   14 – Safety & Technical Director
   15 – Welfare Director.

1. The alterations to Rule 2 have been made to sub-rule 2.3 where additional clauses have been included to provide greater clarity around the allocation of members to Councils. A dispute resolution process and process by which members may transfer or be transferred between Councils based on any change in employment is now also included within this Rule.

1. The alterations to Rule 4 are two-fold. First, sub-rule 4.1 has been amended to clearly define the membership base for each individual Council. Secondly, sub-rules 4.4 and 4.5 have been amended to clarify the circumstances upon which Council Committee members may leave office. 4.4(a) now indicates that such positions shall be vacated if the holder of office:

-ceases to be eligible to hold office,

-is removed from office in accordance with the process prescribed at 4.5,

-resigns their position, or

-cease to be a member of the Union or dies.

Sub-rule 4.5(a) also now provides that a member ceases to be eligible to hold office if they cease to be attached to the Council whose members elected them.

1. Rule 8 has been amended to include additional powers and duties of the Federation’s President. As well as co-ordinating all administrative, industrial and technical activities of the Federation, the President is now responsible for safety and technical, and also welfare activities. To that effect, the President shall now consult with the Safety & Technical Director and Welfare Director on a regular basis to review relevant matters.

1. The alterations to Rule 14 are two-fold. First, eligibility for the role of the Safety and Technical Director has been expanded at sub-rule 14.1 to provide that the individual has either served a minimum of one full term on a Council or Sub Council Committee, or served a minimum of two years (of which service need not be consecutive) as an active Safety and Technical Representative. Secondly, the powers and duties of the Safety and Technical Director at sub-rule 14.5 have been clarified and expanded. A succession plan is put in place at 14.5(xii) so that a list of eligible candidates (Safety and Technical Representatives) for the office is maintained, and it is also made clear that relevant officers and Committees have oversight over the work performed by the Director.

1. The alterations to Rule 15 are similar in nature to those made to Rule 14. The eligibility for the role of Welfare Director is expanded in the same way at sub-rule 15.1 as has been for the Safety and Technical Director in sub-rule 14.1. The powers and duties of the Welfare Director at sub-rule 15.5 have been expanded and clarified in the same way as the powers and duties of the Safety and Technical Director at 14.5, but also provisions are made for maintaining a group of professionally trained HIMS Peer Monitors who would complement the work of the Federation’s Welfare Representatives. Additionally, Rule 15 has been altered to include position descriptions for the roles of Welfare Representative and HIMS Peer Monitor.

1. 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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