Australian Municipal, Administrative, Clerical and Services Union

[2018] FWCD 5724

[2018] FWCD 5724

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Australian Municipal, Administrative, Clerical and Services Union

(R2018/145)

MURRAY FURLONG MELBOURNE, 17 SEPTEMBER 2018

Alteration of other rules of organisation.

1. On 14 June 2018 the Australian Municipal, Administrative, Clerical and Services Union (“the Union”) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules. Additional information regarding the Union’s interpretation of their rule alteration procedure was provided on 4 July 2018.

1. The particulars set out alterations to Rules;

3 – Definitions
           4 – Objects
           6 – Structure
           9 – National Airlines Industry Division
           12 – National President
           21 – Property and funds
           26 – Auditor
           27 – Admission
           30 – Purging of the Register
           33 – Life Membership
           36 – Misconduct-Members
           57B – Union/Branch Policies and Procedures,
           Part IX – Branch Rules

The particulars also set out the deletion of Rules;

12A – Deleted
           57A – Definitions
           57C – Disclosure of Officer’s Relevant Remuneration and Non-case Benefits
           57D – Disclosure of a Branch Officer’s Remuneration and Non-cash Benefits
           57E – Disclosure of Officer’s Material Personal Interests
           57F – Disclosure of a Branch Officer’s Material Personal Interests
           57G – Disclosure by Union of Payments
           57H – Disclosure of a Branch of Payments
           57I – Financial Training for Officers of Union
           57J – Financial Training for Officers of a Branch

Part IX, Division Two, Rules 1 to 27 – Central & Southern Queensland Clerical and Administrative Branch Rules.

1. The alterations to Rule 3 removes an obsolete reference to “Trustees”, provides a modern definition of “in writing” and clarifies the definition of “Ordinary Meeting” of the Branch Executive. 

1. The alteration to Rule 4 extends the objects of the Union to support the, incorporation, promotion and assistance to entities that provide, manage and/or grow superannuation funds, and enhance retirement outcomes. 

1. The alterations to Rule 6 and Rule 9 remove outdated references to the obsolete Central and Southern Queensland Clerical and Administrative Branch which ceased to operate immediately following the commencement of the Queensland Together Branch Rules, being the date on which the 2015 elections for Branches was declared.  

1. The alteration to Rule 12 makes the National President responsible for authorising Minutes once they have been adopted by subsequent meetings of the National Executive and National Conference.

1. The deletion of Rule 12A removes the heading of a previously deleted rule.

1. The alteration to Rule 21 gives the control, custody, administration and management of the Branch Fund to the Branch Committee of Management. It was previously held by the Branch Executive. The effect of this alteration increases the size of the controlling body of the Branch Fund, from the smaller Branch Executive to a more representative Branch Committee of Management. This is in line with the objects of the Fair Work (Registered Organisations) Act 2009 detailed in section 5(3)(a), (c) and (d).

1. The alterations to Rule 26 require the Auditor to be registered within the meaning of the Fair Work (Registered Organisations) Act 2009 and precludes the Auditor from being an employee, former employee or partner/relative of an employee. An Auditor’s term has also been limited to be five (5) consecutive financial years. This is in addition to the Auditor position being deemed as vacated upon death, becoming of unsound mind or on receipt by the Executive of notice in writing of a signed resignation, which already exist within this Rule.

1. The alterations to Rule 27 enable an electronic copy of the Union Rulebook to be provided on the Union’s website and amend an erroneous reference to Rule 18.

1. The alteration to Rule 30 increases the time period for removing members from the register who owe subscription fees from 52 weeks to 104 weeks in line with the legislative requirements of the Fair Work (Registered Organisations) Act 2009, section 172.

1. The alteration to Rule 33 allows years of membership and the holding of office in the Together Queensland, Industrial Union of Employees to be included as having held membership and office in the Union.

1. The alterations to Rule 36 clarify the Union’s procedures related to the misconduct by members. The fine which Branches are able to impose on members found guilty of an offence outlined is increased to a sum not exceeding a 12 month subscription. The procedures when a complaint is made by a Branch Committee of Management or in writing to the Secretary of the Branch are separated into sub-rules.

1. The deletion of Rule 57A removes definitions which only related to former Rules 54A to 57J, which have also been removed by these alterations.

1. The alteration to Rule 57B is the administrative re-numbering this rule to be Rule 57.

1. The deletion of Rule 57C removes disclosure requirements of an officer’s relevant remuneration and non-cash benefits. This requirement is now in Section 293B of the Fair Work (Registered Organisations) Act 2009.

1. The deletion of Rule 57D removes disclosure requirements of a Branch officer’s relevant remuneration and non-cash benefits. This requirement is now in Section 293B of the Fair Work (Registered Organisations) Act 2009.

1. The deletion of Rule 57E removes disclosure requirements of an officer’s material personal interests’ requirements. This requirement is now in Section 293C of the Fair Work (Registered Organisations) Act 2009.

1. The deletion of Rule 57F removes disclosure requirements of a Branch officer’s material personal interests. This requirement is now in Section 293C of the Fair Work (Registered Organisations) Act 2009.

1. The deletion of Rule 57G removes disclosure requirements by the Union of payments. This requirement is now in Section 293BC of the Fair Work (Registered Organisations) Act 2009.

1. The deletion of Rule 57H removes disclosure requirements by a Branch of Payments. This requirement is now in Section 293BC of the Fair Work (Registered Organisations) Act 2009.

1. The deletion of Rule 57I removes the requirement for officers of the Union to undertake financial training when their duties relate to financial management of the Union. This requirement is now in Section 293K of the Fair Work (Registered Organisations) Act 2009.

1. The deletion of Rule 57J removes the requirement for officers of the Branch to undertake financial training when their duties relate to financial management of the Union. This requirement is now in Section 293K of the Fair Work (Registered Organisations) Act 2009.

1. Deletion of Rules within Part XI – Branch Rules, Division Two, Rules 1 to 27 removes the obsolete Branch Rules of the Central and Southern Queensland Clerical and Administrative Branch which ceased to operate immediately following the commencement of the Queensland Together Branch Rules, being the date on which the 2015 elections for Branches was declared.

Removal of Obsolete Branch

1. The proposed rule alterations were transacted via email ballot of all National Executive members as per Rule 49 and Rule 8(j). Rule 49 provides:

a.The Rules may be added to, changed, amended, varied, repealed and/or deleted by a resolution of the National Conference or a resolution of the National Executive carried by a majority of votes cast in accordance with Rules 7 and 8 respectively.

b.Any proposed addition to, change, amendment, variation, repeal and/or deletion of the rules shall be submitted by a Branch Committee of Management or a member of the National Executive to the National Secretary or be proposed by the National Secretary  for submission to National Conference or the National Executive in accordance with Rules 7 and 8 respectively, provided that Rules 6, 7, 8, 9, 10, 14, 16, 21, 46, 47 and 49 shall not be altered unless seventy percent of the votes entitled to be cast are cast in favour, and provided further a Branch Rule shall not be added to, changed, amended, varied, repealed and/or deleted, without the consent of the Committee of Management of the Branch or the Branch Council of the Branch where the Branch Rules so provide.

c.…..

1. On 29 June 2018 staff of the Fair Work Commission sought further information as to whether the consent of the Queensland Together Branch had been sought in regards to the proposed alterations. The Union submitted that as the Central & Southern Queensland Clerical and Administrative Branch rules have ceased to have any effect, then it is an administrative or housekeeping function of the National Executive to remove the obsolete rules to avoid any confusion. The consent of the Queensland Together Branch does not need to be obtained as their new rules are distinct and completely separate to the obsolete Central & Southern Queensland Clerical and Administrative Branch Rules. I agree with the Union’s submission and find it supported by sub-rule 56(w) of the Queensland Together Branch Rules. Sub-rule 56(w) provides:

Immediately following the commencement of the Together Branch Rules the ASU CS&Q Branch rules will cease to operate.

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

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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