Australian Principals Federation

[2020] FWCD 4201

[2020] FWCD 4201

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Australian Principals Federation

(R2020/72)

MURRAY FURLONG MELBOURNE, 28 August 2020

Alteration of other rules of organisation.

1. On 29 May 2020 the Australian Principals Federation (the organisation) lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to their rules. Further submissions in support of the application were received 24 July 2020.

1. On the information contained in the notice and further submissions, I am satisfied the alterations have been made under the rules of the organisation.

1. The particulars set out alterations to Rules

   21 – Elections for Federal Council
              21A – Elections for Federal Officers, and
              47 – Standard Branch Rules.

1. Overall, the alterations relate to electoral processes.

1. The alterations to Rule 21 allow for nominations to Federal Council to be called electronically and provide greater clarity around the process of declaring electoral results for Federal Council positions.

1. The alterations to Rule 21A increase the timeframe for absentee members to return ballot papers for Federal Officer elections from seven days to three weeks. These alterations also increase the timeframe for the counting of the vote after issuing ballot papers to absentee members from 7 days to three weeks.

1. Rule 47 has been altered to provide absentee members with three weeks to return ballot papers for Branch Executive elections instead of the current seven days. Absentee members are also to be furnished with a prepaid envelope with which to ensure the return.

1. The alterations to Rule 47 also provide three weeks, rather than seven days, for the counting of the vote from the time that the ballot papers have been issued to absentee members.

1. 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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