Australian Municipal, Administrative, Clerical and Services Union

[2014] FWCD 8327

[2014] FWCD 8327

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Australian Municipal, Administrative, Clerical and Services Union

(R2014/192)

MR ENRIGHT	MELBOURNE, 3 DECEMBER 2014
Alteration of other rules of organisation.

[1] On 18 July 2014 the Australian Municipal, Administrative, Clerical and Services Union (the Union) lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to the rules of the Victorian and Tasmanian Authorities and Services Branch (the Branch) of the Union.

[2] The particulars set out alterations to the Branch Rules by deleting the preamble to the rules immediately after the title; amending rules and sub rules 5b, 6d, 7c, 7d, 8, 9b, 13, 14a, 14b, 16, 17, 18 and 19a; renumbering rules 22, 23, 24, 25, 26, 27, 28 and 29; deleting rules 18A, 21 and 28; and amending the renumbered rules 23, 25 and 28 of the Branch Rules of the Union.

[3] The alterations abolish the offices by deleting references in the Branch Rules to the Branch Junior Vice President and three Assistant Branch Secretaries; amend the representation of Industry Divisions; change the titles of the “Energy and Information Technologies” Division to the “Water and Energy” Division; and the “Transport, Shipping and Travel, Clerical and Administrative and Airlines” Division to the “Information Technologies, Transport, Shipping and Travel, Clerical and Administrative and Airlines” Division; delete the “Water” Division; change references to “Executive President” to “Branch Executive President”; add the word “(Honorary)” to the titles of Branch President, Branch Senior Vice President and Branch Vice President (Women); provide that where a male candidate has been declared elected for the office of Branch Secretary only a female candidate shall be elected to the office of Branch Executive President; remove the rule dealing with the merger with the Tasmanian Branch; renumber various rules and sub rules; and provide for other related and minor amendments.

[4] On 11 September and 2 October 2014, staff of the Commission advised the Union that the proposed changes to the Industry Divisions could have the affect of truncating certain offices, including those of the members of Branch Conference and Branch Executive; and the National Conference Delegates.

[5] On 31 October 2014, the Union lodged an additional notification of alterations, the particulars of which outlined transitional arrangements for certification. Specifically, the alterations included three separate transitional rules – rules 5A, 9A and 14A. These [2014] FWCD 8327

transitional rules declare that, notwithstanding any other provisions of these Rules, upon certification, the numbers of Branch Executive and Branch Conference members from existing Industry Divisions; and existing numbers of National Conference Delegates shall endure until the declaration of the poll in the elections to be conducted in the Branch in 2015.

[6] In my view, the transitional arrangements outlined in proposed rules 5A, 9A and 14A

address the concerns raised by the Commission about the truncation of offices which may
otherwise have occurred as a result of the alterations.

[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.

DELEGATE OF THE GENERAL MANAGER

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