Australian Municipal, Administrative, Clerical and Services Union

[2016] FWCD 7305

[2016] FWCD 7305

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Australian Municipal, Administrative, Clerical and Services Union

(R2016/201)

MR ENRIGHT	MELBOURNE, 17 OCTOBER 2016
Alteration of other rules of organisation.

[1]        On 16 September 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 its rules.

[2]        The particulars set out alterations to rule 35 of Part VI of the National Rules of the

Union and rules 6, 9, 12, 15, 16, 20, 25, 27, 29, 31, 33, 35, 36, 40, 45, 49, 54 and 55 of

Division Two A – the Queensland Together Branch Rules (the Branch Rules); and rule 4 of

Schedule A – the Model Rules, Section Steering Committee of the Branch Rules (Schedule

A).

[3]        Among other things the proposed alterations:

	Permit Branch rules to confer upon Branch Councils the powers of that Branch’s
Committee of Management with regard to certain matters; namely disciplining
members and readmission to membership (National Rule 35);
	Clarify that the Branch Executive shall have four quarterly ordinary meetings (out of a
total of six) at which certain events would occur, for example, the presenting of
Branch accounts ( Branch rules 6, 9 and 27);

 Provide that the Branch Executive (as opposed to the Branch Council) is the

Committee of Management of the Branch (Branch rule 12);

 Limit certain powers and duties of the Branch Council, for example, developing

policies relating to expenditure as opposed to policy in general (Branch rule 29);

	Modify the duties of the Branch Treasurer; for example: causing a detailed financial
report and other statements to be submitted to the Branch Council and ordinary
Executive meetings (as opposed to Branch Conference); and cooperating with the
Branch Secretary in presenting the annual budget (Branch Rule 25);
	Confirm that the Branch Council (as opposed to the Branch Executive) is responsible
for appointing auditors for the Branch; and that audited financial accounts are
presented by the auditor to the Council (Branch rules 20 and 29);

 Provide for the election and the exercise of the voting power of more than two

National Executive Representatives consistent with National Rule 8(ca) (Branch rules

31 and 36).

[2016] FWCD 7305

	Exclude the following from the definition of Branch policy – consideration of any
matters relating to the affairs or financial management of the Branch or the
disbursement of the Branch Fund or Branch resources (Branch rule 49);
	Provide that nominations for casual vacancies will be called for in June in each year
when there is not a scheduled (quadrennial) election (Branch rule 33);
	Delete the rule providing for the disbursement of funds (Branch rule 35) and replace
with the words ‘Not used’;
	Remove various requirements relating to the Steering Committee: for example, that a
copy of the minutes will be available for inspection (r. 4 of Schedule A); and
	Other minor and consequential changes, for example, renumbering of sub rules and
other changes made for consistency.

[4]        I am satisfied that the amendments which modify the duties of the Branch Treasurer,

the Branch Executive and the Branch Council do not amount to the abolition of the current

offices and the creation of a new office in lieu. In my view, there is sufficient proximity

between the duties of the offices before and after the proposed amendments. Consequently, in

my opinion they do not impose upon members of applicant for membership conditions that

are oppressive, unreasonable and unjust within the meaning of subsection 142(1)(c) of the

Fair Work (Registered Organisations) Act 2009 (the Act) and are capable of being certified.

[5]        I note that the alterations to rule 33 provide that nominations for casual vacancies will

be called for in June each year when quadrennial elections are not scheduled. Thus if an

officer resigns or retires in the latter half of a particular year, the position is not likely to be

filled by election for a period of some months. Although some of the offices perform

important administrative and executive functions and powers, those powers and duties are

able to be delegated to others if the particular office is vacated or its holder unable to act.

[6]        In the absence of any rules to the contrary, there is no authority suggesting that all

positions that are casually vacant must be filled or that filling them at a later stage is somehow

contrary to the Act provided that the reasons for the delay is not male fide (for example, in

order to effect an appointment as opposed to an election) and the powers and duties of the

office can be performed in the meantime.

[7]        On the information contained in the notice, I am satisfied the alterations have been

made under the rules of the organisation.

[8]        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.

[2016] FWCD 7305

DELEGATE OF THE GENERAL MANAGER

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