Australian Nursing and Midwifery Federation
[2020] FWCD 3182
•22 JUNE 2020
| [2020] FWCD 3182 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Australian Nursing and Midwifery Federation
(R2020/54)
| MURRAY FURLONG | MELBOURNE, 22 JUNE 2020 |
Alteration of other rules of organisation.
On 14 May 2020 the Australian Nursing and Midwifery Federation (the Union) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules.
On the information contained in the notice, I am satisfied the alterations have been made under the rules of the organisation.
The particulars set out alterations to Rule 54 and Rule 55.
The alterations clarify the financial obligations of members who hold a dual membership with the Union and counterpart employee associations registered under a State industrial law in New South Wales and Queensland (State counterparts). Rule 54 relates to the New South Wales Branch financial provisions. Rule 55 relates to the Queensland Branch financial provisions.
Under Rule 8.1 members are required to pay annual subscription fees. The alterations specify that financial members of the State counterparts will not be required to pay a subscription fee provided they hold a dual membership of the Union and the State counterpart and the latter makes payments to the Union. So long as those circumstances continue, these dual members shall be treated as financial members of the Union for all purposes of the rules.
The alterations do not impose an oppressive condition as they eliminate the doubling up of subscription fees in connection with the provision of an effectively unified service by the Union and its State counterparts. In addition, the alteration makes clear both the circumstances in which a dual member maintains financial membership of the Union without paying subscription fees to the organisation and what is required of the dual member should those circumstances change. This is important because a non-financial member of the Union is not entitled to the benefits of membership, including the right to participate in the Union’s affairs. Further, consent by the respective Branch is still required in order to alter these Branch specific provisions and this right has not been altered in the present application.
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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