Australian Municipal, Administrative, Clerical and Services Union

[2017] FWCD 789

[2017] FWCD 789

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

(R2016/294)

MR Enright MELBOURNE, 31 MARCH 2017

Alteration of other rules of organisation.

1. On 6 December 2016 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 the rules of the Queensland (Services and Northern Administrative) Branch of the Union (the Branch).

1. The particulars delete the current Branch rules in their entirety and replace them with a new set of Branch rules numbered to 1–44.

1. Among other things, the alterations provide for:

• the transition of Branch members to new industry divisions;

• the introduction of new offices and clarification of the powers, duties and functions of Branch committees and sub-committees;

• clarification of existing electorates and eligibility criteria for candidates;

• additional requirements regarding the appointment of Branch Auditors;

• additional procedures governing the conduct of Branch meetings;

• a transitional rule regulating among other things the commencement of new offices, the transition of members to new industry divisions and the attachment of current Branch Vice Presidents to those new divisions; and

• other minor and consequential amendments.

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

1. On 2 February and 3 March 2017, Mr David Smith, National Secretary of the Union, gave consent, under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009, 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 – removal of the word ‘principle’ in the heading and replacement with the word ‘principal’;

·   in proposed rule 13(d) insertion of an apostrophe after the word ‘hours’ and in 13(k) insertion of an apostrophe after the word ‘days’;

·   in proposed rule 15(b) deletion of the word ‘a’ after ‘preceding the’;

·   in proposed rule 19(c) insertion of an apostrophe after the word ‘days’;

·   in proposed rule 19(h) insertion of an apostrophe after the word ‘days’;

·   in proposed rule 19(i) removal of the word ‘be’ between ‘are’ and ‘deemed’;

·   in proposed rule 29(c)(ii) removal of the comma between the words ‘statements’ and ‘declarations’ and insertion in lieu of an ‘and’;

·   in proposed rule 30(c)(ii) insertion of a full stop at the end of the sentence;

·   in proposed rule 33(a) in the attached table in the thirteenth row (Branch Vice-President (Youth)) removal of the word ‘branch’ after the words ‘all members of the’ and replacement with the word ‘Branch’;

·   in proposed rule 34(b) insertion of the word ‘of’ between the words ‘percentage’ and ‘Financial’;

·   in proposed rule 36(h) insertion of an apostrophe after the word ‘days’;

·   in proposed rule 38(a)(ii) of Division Three removal of the words ‘Financial Members’ and replacement with the word ‘members’;

·   in proposed rule 44(e)  deletion of the word ‘division’ in the first sentence and replacement with the word ‘Division’;

·   in proposed rule 44(e) in the attached table the deletion of the two empty cells in the table so that ‘Local Authorities Industry Division’ is in the same row as ‘Local Authorities and Brisbane City Council Industry Division’;

·   in proposed rule 44(f) deletion of the word ‘division’ and replacement with the word ‘Division’; and

·   in proposed rule 44(g) the addition of an ‘s’ to the word ‘meeting’ after the word ‘chair’.

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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