Australian Workers' Union, the

[2016] FWCD 5704

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
The Australian Workers Union
(R2016/159)
MR BILL STEENSON	SYDNEY, 17 AUGUST 2016
Alteration of other rules of organisation.

[1] On 10 August 2016 The Australian Workers Union (‘the organisation’) lodged with

the Fair Work Commission a notice and declaration setting out particulars of alterations to the

rules of the organisation.

[2] The particulars set out alterations to rules 7, 26, 32, 33, 35, 42, 47, 55, 61 and 82 of the

rules of the organisation.

[3] On the information contained in the notice, I am satisfied the alterations have been

made under the rules of the organisation.

[4] On 15 August 2016 the organisation gave consent, under subsection 159(2) of the Fair

Work (Registered Organisations) Act 2009, for the Delegate to make amendments to the

alterations for the purpose of correcting typographical, clerical or formal errors, as set out in

Attachment A.

[5] 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

<Price code A, PR584226>
PR584226

ATTACHMENT A

1) The reference “55(4)” at paragraph 21 of the Notice of particulars corrected to
“55(5)”
2) The words “Central Coast” inserted immediately after the word “Newcastle” in sub-
rule 82(1)(a)

CaseChat Overview and Summary

The Australian Workers' Union has filed an application with the Fair Work Commission concerning alterations to its rules under the Fair Work (Registered Organisations) Act 2009. The application was made by the Union on 10 August 2016, and involved specific changes to rules 7, 26, 32, 33, 35, 42, 47, 55, 61, and 82 of the Union's constitution. The Union sought the Delegate's certification that these alterations comply with the Fair Work (Registered Organisations) Act 2009, the Fair Work Act 2009, modern awards and enterprise agreements, and are not otherwise contrary to law.

The court was required to determine whether the alterations to the Union's rules were made in accordance with the Union's own rules, and whether they were consistent with the Fair Work (Registered Organisations) Act 2009, the Fair Work Act 2009, modern awards and enterprise agreements, and were not otherwise contrary to law. The Union had given consent for the Delegate to correct any typographical, clerical, or formal errors in the alterations.

After reviewing the application and the alterations, the Delegate found that the changes had been made in accordance with the Union's own rules. Additionally, the Delegate was satisfied that the alterations complied with the relevant legislation and awards, and were not otherwise contrary to law. The Delegate made some minor amendments to the alterations to correct typographical and clerical errors, as set out in Attachment A of the decision. The Delegate then certified the alterations under subsection 159(1) of the Fair Work (Registered Organisations) Act 2009.

In conclusion, the court certified that the alterations to the Australian Workers' Union's rules were made in accordance with the Union's own rules, and complied with the Fair Work (Registered Organisations) Act 2009, the Fair Work Act 2009, modern awards and enterprise agreements, and were not otherwise contrary to law. The Delegate also made minor amendments to the alterations to correct typographical and clerical errors.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established