Australian Rail, Tram and Bus Industry Union

[2020] FWCD 1643

[2020] FWCD 1643

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Australian Rail, Tram and Bus Industry Union

(R2020/1)

MURRAY FURLONG MELBOURNE, 27 MARCH 2020

Alteration of other rules of organisation.

1. On 20 January 2020, the Australian Rail, Tram and Bus Industry Union (ARTBIU) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to the rules of the ARTBIU.

1. The particulars set out alterations to rule 100 – Composition of Ordinary Meetings of the Branch Divisional Committees.

1. The alterations affect the grouping of Sub-Divisions within the New South Wales Branch Locomotive Division for the purposes of determining the representatives to the Branch Locomotive Divisional Council. The alterations update the references to the relevant employer or agency and the constituent depots and Sub-Divisions of the relevant groups.

1. In his correspondence of 26 March 2020, Mr Mark Diamond, National Secretary of the ARTBIU, advised that the New South Wales Branch Locomotive Divisional Council ratified the alterations as made by the National Council in accordance with rule 87(4) during a meeting held on 18 and 19 March 2020. Mr Diamond further confirmed that the National Council meeting of 8 January 2020 (during which the alterations were made) met the quorum requirement set out in rule 28(7).

1. On the information contained in the notice, and the further correspondence of Mr Diamond of 26 March 2020, I am satisfied the alterations have been made under the rules of the ARTBIU.

1. On 26 March 2020, Mr Diamond gave consent, under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009, for the Delegate to make an amendment to the alterations for the purpose of correcting typographical, clerical or formal error. Accordingly the following correction has been made:

·  The reference to the “Auburn Stabling Facility” in sub-rule 100(12) has been omitted and replaced with the words “Auburn Stabling Yard”.

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

Printed by authority of the Commonwealth Government Printer

< PR717844>