Australian Federation of Air Pilots

[2019] FWCD 1515

[2019] FWCD 1515

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Australian Federation of Air Pilots

(R2018/283)

MURRAY FURLONG MELBOURNE, 8 APRIL 2019

Alteration of other rules of organisation.

[1] On 20 November 2018 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. Further submissions in support of the application were made 28 February 2019.

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

[3] The particulars set out alterations to Rules:

2 – Membership

4 – Councils

9 – Vice-Presidents

12 – Conduct of Elections

21 – A.F.A.P Welfare

24 – AFAP Awards.

[4] The alteration to Rule 2 involves the removal of content pertaining to the Federation’s Scroll of Merit. The Scroll of Merit is a reward for meritorious service to the Federation and the information relating to this award is now included in Rule 24 – AFAP Awards.

[5] Alterations to Rule 4 have been made in two parts. The first, alterations to sub-rule 4.1, are associated with proposed amendments to the Federation’s eligibility rule which were transacted at the Convention held 19 October 2018. The Federation has requested that these alterations be deferred until an application under section 158 of the Fair Work (Registered Organisations) Act 2009 (see D2019/5) has been determined. Accordingly, I agree to defer my decision on the alterations to sub-rule 4.1 until such time as the pending section 158 application has been finalised.

[6] The second part of the alterations made to Rule 4 include alterations to sub-rule 4.10. These alterations redefine the term ‘sub-council’ to include sub-councils based on flying discipline or geographic location as well as airline or aircraft operator. The alterations also provide for Council Committees to appoint a Facilitator (who may be any financial member, Associate member or staff member) to form a Sub-Council and act as its Chairman.

[7] Rule 9 has been altered to specify that candidates elected to the positions of Vice-President (Administration and Finance) and Vice-President (Membership) must be from different councils. The alterations made also outline the term of office for each Vice-President, with the Vice-President (Administration and Finance) commencing from the 2019 election and the Vice-President (Membership) commencing from the 2020 election.

[8] Rule 12 has been modified to reflect the alterations made to Rule 9, described above.

[9] The alteration to Rule 21 involves renaming the rule from A.F.A.P Welfare to A.F.A.P Bereavement in order to better reflect the purpose of the rule.

[10] Rule 24 is a new rule created to incorporate a number of meritorious awards for members of the Federation. Any member may be nominated for each such award; the process for selection is outlined within this rule.

[11] In my opinion, with the exception of the changes to sub-rule 4.1, 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. The alterations to sub-rule 4.1 will be considered in due course.

DELEGATE OF THE GENERAL MANAGER

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