Australian Workers' Union, the

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.