Australian Municipal, Administrative, Clerical and Services Union

[2013] FWC 1653

[2013] FWC 1653

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009
s.158(1) RO Act - Application for alteration of eligibility rules

Australian Municipal, Administrative, Clerical and Services Union
(D2012/209)

SENIOR DEPUTY PRESIDENT ACTON MELBOURNE, 19 MARCH 2013

Application for alteration of eligibility rules - resolution reached between organisations - modifications accepted by applicant organisation - memorandum of understanding reached.

[1] This decision concerns an application by the Australian Municipal, Administrative, Clerical and Services Union (ASU) for the consent of the Fair Work Commission (FWC) to the alteration of the eligibility rules of the organisation pursuant to section 158(1) of the Fair Work (Registered Organisations) Act 2009 (the RO Act).

[2] The application was lodged on 26 April 2012. In accordance with Regulation 122 of the Fair Work (Registered Organisations) Regulations 2009 (the RO Regulations), a notice was published in the Government Gazette on 27 June 2012 stating an application by the ASU had been received and any notice of objection was to be lodged no later than 35 days after the notice was published.

[3] Five organisations lodged a notice of objection to the application. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a notice of objection to the application on 4 July 2012; the CPSU, the Community and Public Sector Union lodged a notice of objection to the application on 30 July 2012; The Australian Workers’ Union (AWU) lodged a notice of objection to the application on 30 July 2012; the Construction, Forestry, Mining and Energy Union (CFMEU) lodged a notice of objection to the application on 31 July 2012; and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a notice of objection to the application on 31 July 2012.

[4] The matter was heard on 25 September 2012, 13 December 2012 and 12 March 2013.

[5] In correspondence preceding and at the hearing on 12 March 2013, the parties advised the FWC that the objections had been resolved subject to the ASU seeking to and being permitted to amend its application in the form agreed by the objectors. The resolution of the AWU’s objection was also subject to exhibit AWU1 which was tendered at the hearing on 12 March 2013. The resolution of the CPSU’s objection was also subject to exhibit CPSU1 which was tendered at the hearing on 12 March 2013. Exhibit AWU1 and CPSU1 are contained on the file in matter D2012/209.

[6] The ASU seeks to amend their application so that the alteration to its eligibility rules would be as follows:

1.     Replace PART XIX in sub-rule (b) of Rule 5 - Industry and Eligibility of the Rules of the ASU with:

“PART XIX

Part to reflect orders made under the Workplace Relations Act 1996 and recorded in Print P5301

For the purposes of reflecting the orders made on 23 September 1997 and recorded in Print P5301 and, subject to further order of the Commission to vary or set aside the orders, with effect from 13 February 1998, employees engaged in administrative, clerical, technical, engineering, scientific, professional, supervisory, managerial and operational classes of work of the following employers:

Solaris Power Ltd

United Energy Ltd

CitiPower Ltd

Eastern Energy Ltd

Powercor Australia Ltd

Generation Victoria

Hazelwood Power Corporation

Yallourn Energy

Southern Hydro

Loy Yang Power Management Company Pty Ltd

Jemena Asset Management 2 Pty Ltd (JAM 2) ACN 073 613733

Jemena Asset Management Pty Ltd (JAM Pty Ltd) ACN 086-013461

Jemena Asset Management 4 Pty Ltd (JAM 4) ACN 009 641187

Jemena Asset Management 5 Pty Ltd (JAM 5) ACN 081 638217

Jemena Asset Management 6 Pty Ltd (JAM 6) ACN 104 352650

all above trading as Jemena;

Energy Brix Australia Corporation Pty Ltd (ACN 074 736 833)

AGL Corporate Services Pty Ltd (ACN 093 015 724)

TRUenergy Services Pty Ltd (ACN 081 074 160)

Truenergy Yallourn Pty Ltd (ACN 065 325 224)

SP AusNet Pty Ltd

SPI Electricity Pty Ltd (ACN 064 651 118)

Hazelwood Power ACN 40 924 759 557

IPM Operation & Maintenance Loy Yang Pty Ltd (ACN 055 563 696)

Citipower Pty (ACN 064 651 056)

Origin Energy Limited (ACN 000 051 696)

or any successor, assignee or transmittee to the business or part of the business of such employers, other than employees who are eligible to be members of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and who are performing mechanical and fabrication tradesperson and trade assistants work in accordance with the agreement between the Union and the AMWU a copy of which was tendered and marked exhibit 05 in the proceedings in Matter C No. 30307 of 1996, and other than employees eligible to be members of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) requiring electrical skills as a requirement for their work, who perform: linesperson work, electrical trades work, electrical trade assistants work, electrical fitting work, electrical mechanical work, electric cable jointing work, electrical meter repair work and co-ordination of work teams as an ancillary function to any of the above primary work, shall be eligible to be members of the Union.

Note: A copy of the agreements between the ASU and other organisations (other than the CEPU) which were tendered and marked exhibit 05 in the proceedings in Matter C No. 30307 of 1996 may be inspected at any of the registries of the Industrial Registrar.”

2.     After PART XXI in sub-rule (b) of Rule 5 - Industry and Eligibility of the Rules of the ASU insert:

“PART XXII

Employees within the state of Victoria engaged in the generation, transmission, distribution, and/or retailing of electricity in administrative, clerical, technical, engineering, scientific, professional, supervisory, managerial, and operational classes of work shall be eligible to be members of the Union, subject to the employees not falling within the following categories:

(a) employees who are eligible to be members of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and who are performing mechanical and fabrication tradesperson and trade assistants work in accordance with the agreement between the union and the AMWU a copy of which was tendered and marked exhibit 05 in the proceedings in matter C. No. 30307 of 1996.

(b) employees eligible to be members of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) requiring electrical skills as a requirement for their work, who perform: linesperson work, electrical trades work, electrical trade assistants work, electrical fitting work, electrical mechanical work, electric cable jointing work, electrical meter repair work and co-ordination of work teams as an ancillary function to any of the above primary work.”

[7] I consent to the ASU amending their application as above.

[8] In respect of the amended application, I am satisfied as to the matters in s.158(2) and that there is no other sound basis for me to refuse consent to the alteration to its eligibility rules that is now sought by the ASU.

[9] Accordingly, I consent to the alteration to the ASU eligibility rules now sought by the ASU and detailed in this decision. The alteration will take effect on 26 March 2013.

[10] An order [PR534904] giving effect to this decision is being issued with this decision.

SENIOR DEPUTY PRESIDENT

Appearances:

M Rizzo of the Australian Municipal, Administrative, Clerical and Services Union

M Perica of the CPSU, the Community and Public Sector Union

Z Angus of The Australian Workers’ Union

T McCauley of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)

Hearing details:

2013

Melbourne

March 12

Printed by authority of the Commonwealth Government Printer

<Price code A, PR534899>