Australian Licenced Aircraft Engineers Association, the

[2014] FWCD 5011

[2014] FWCD 5011

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
The Australian Licenced Aircraft Engineers Association
(R2014/114)
MR ENRIGHT	MELBOURNE, 31 JULY 2014
Alteration of other rules of organisation.

[1] On 9 May 2014 The Australian Licenced Aircraft Engineers Association (the Association) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to the rules of The Australian Licenced Aircraft Engineers Association.

[2] The particulars set out alterations to Rule 22 of the rules of The Australian Licenced Aircraft Engineers Association.

[3]        In an explanatory note attached to the application, the Association stated that:

In the course of its current eligibility rule change application in matter D2013/130, the Association has had cause to review Rule 22(e) of the ALAEA Rules in regard to qualifications to hold office as Federal President, Senior Vice President, Vice President, Federal Secretary, Assistant Federal Secretary or Trustee of the Association. Rule 22(e) currently provides:

(e) An Officer of the Federal Executive as defined by Rule 11 sub-Rule 4(d) must hold qualifications as a Licenced Aircraft Maintenance Engineer to be eligible for the nomination to that Office.

Rule 11 sub-Rule 4(d) defines ‘Officer’ as any of the offices listed in the paragraph above.

Consistent with the Association’s objective of extending its coverage to Technical Salaried Staff employed at Qantas, deleting Rule 22(e) is a sensible step to take that will permit any financial member of the Association to nominate as an Officer of the Association.

[4] I note that the matter listed as D2013/130 is currently before the Fair Work Commission. At this stage, Vice President Hatcher has handed down a decision granting partial consent to the alteration of eligibility rules conditional upon the Association limiting the scope of the eligibility rules to encompass only the Technical Salaried Staff (TSS) traditionally represented by the Association – 20 June 2014, [2014] FWC 3658. The [2014] FWCD 5011

Association must also provide an undertaking to the Fair Work Commission that it will ensure that its practice of enrolling as members and seeking to represent persons beyond the scope of its eligibility rules comes to an end.

[5]        In the decision at paragraphs [47] to [49], His Honour stated:

There was one matter which caused me some concern as whether TSS Staff could conveniently belong to the ALAEA. At the time the ALAEA’s application in this matter was filed, and at the time of the hearing, sub-rule 22(e) of its Rules provided as follows:

(e) An Officer of the Federal Executive as defined by Rule 11 sub-Rule 4(d) must hold qualifications as a Licenced Aircraft Maintenance Engineer to be eligible for the nomination to that Office.

Under sub-rule 11(4)(d), “Officer” means “Federal President, Senior Vice-President,

Vice-President, Federal Secretary, Assistant Federal Secretary or Trustee”. The

effect of sub-rule 22(e), if the new sub-rule 3.3 was given consent, would therefore be to exclude any TSS Staff member who thereby became eligible to join the ALAEA from election to any of the identified officer positions. This exclusion from the democratic control of the ALAEA arguably affected whether TSS Staff could conveniently belong to and be effectively represented by the ALAEA.

However on 8 May 2014 the ALAEA made an application under s.159 of the RO Act for consent to a rules alteration made by its Federal Executive. The alteration was to delete the existing sub-rule 22(e) and to renumber the following sub-rules in rule 22. Although it awaits approval by the General Manager under s.159, there is no reason to think that such approval will not be forthcoming. I consider that this rules alteration disposes of the issue (and it also disposes of the objection unions’ s.142(1)(c) point).

[6] I agree with His Honour’s assessment. In my opinion, the removal of sub-rule 22(e) is

consistent with the broadening of the Association’s eligibility rules to include the TSS
members.

[7] In my opinion, the removal of sub rule 22(e) simply removes a qualification to be eligible and standing for office. Whether or not there is a qualification in this instance has no bearing on the eligibility rules; nor does the eligibility rule have any bearing on the qualification.

[8] I therefore conclude that the removal of sub-rule 22(e) (and consequential renumbering) facilitates greater democratic participation in the affairs of the organisation consistent with the objectives of Fair Work (Registered Organisations) Act 2009 Act (the Act) outlined in section 5(3).

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

[10] Further to this, I conclude that the alterations comply with and are not contrary to the

Act, the Fair Work Act 2009, modern awards and enterprise agreements, and are not
[2014] FWCD 5011

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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