Australian Municipal, Administrative, Clerical and Services Union

[2015] FWCD 1319

[2015] FWCD 1319

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Australian Municipal, Administrative, Clerical and Services Union

(R2015/34)

MR ENRIGHT	MELBOURNE, 27 FEBRUARY 2015
Alteration of other rules of organisation.

[1]        On 26 February 2015 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 New South Wales & ACT (Services) Branch of the

Union (the Branch).

[2]        The particulars set out alterations to the Branch rules by amending rule 26 of the

Branch rules of the Union.

[3]        Federal sub rule 49(a) provides that the rules of the organisation may be added to,

changed, amended, varied, repealed and/or deleted by a resolution of the National Conference

or National Executive. Federal sub rule 49(b) provides that a Branch rule shall not be added

to, changed, amended, varied, repealed and/or repealed and/or deleted without the consent of

the Committee of Management or the Branch Council of the Branch where the Branch rules

so provide.

[4]        The alterations were approved by the National Executive on 26 February 2015.

[5]        Branch rule 37 provides that no amendment shall be made to the rules of the Branch

without consent of the Branch by way of a majority vote of the Branch Executive.

[6]        Branch sub rule 6(c) provides that where, in the opinion of the Branch President or

Branch Secretary, it is impractical to hold a meeting of Branch Executive at which members

are physically present, a meeting may be called by the Branch President or Branch Secretary

who shall give such notice of the meeting as is practicable under the circumstances. Such

meeting may be conducted by telephone, radio or any other method by which members of the

Branch Executive are able to communicate with each other without being physically present.

[7]        The alterations were approved by the Branch Executive of the Branch on 26 February

2015. The period of notice given for the consideration of the alterations was one day. On 27

February 2015, the Assistant Secretary of the Branch advised the Fair Work Commission by

telephone that the meeting was quorate and that voting in favour of the alterations was

unanimous. There were no proxy votes.
[2015] FWCD 1319

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[8] On 17 December 2014 I certified alterations to the rules of the Branch , including an

alteration to sub rule 10b. Sub rule 10b provides for the composition of Branch Council. The

change that came into effect on 17 December 2014 provides that the members of the

respective Branch Industry Division Committees of Management shall be Branch Councillors.

[9]        An unintended consequence of sub rules 10b and 26c is that the number of Branch

Councillors that represent the Transport Industry Committee of Management is reduced. The

alterations currently before me remedy this ambiguity.

[10]      Nominations for the election of Branch offices are required to open on the first

Wednesday in March (Federal sub rule 40b). It is not practicable under these circumstances to

hold a meeting of the Branch Executive who are physically present as provided by Branch sub

rule 6(c). I am therefore satisfied that the relevant period of notice for a meeting of the Branch

Executive as provided by Branch sub rule 6(c) has been met.

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

made under the rules of the organisation.

[12]      In my opinion, the alteration complies with and is 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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[2014] FWCD 9068