"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
[2020] FWCD 4842
•1 OctOBER 2020
| [2020] FWCD 4842 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
(R2020/121)
| MURRAY FURLONG | MELBOURNE, 1 OctOBER 2020 |
Alteration of other rules of organisation.
On 14 August 2020 the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to it rules. Further information regarding the proposed rule alterations was provided on 9 September 2020.
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 the following rules:
Rule 5A1 – National Conference
Rule 5A2 – Powers of National Conference
Rule 5B1 – National Council
Rule 5B4 – Decisions of the National Council
Rule 5D1 – State Conference
Rule 5D2 – Powers of State Conference
Rule 5E1 – State Council
Rule 5E2 – Powers of State Council
The alterations to Rules 5A1, 5B1, 5D1 and 5E1 insert the requirement that any member elected or appointed to an office which sits on either the National Conference, National Council, State Conference or State Council are to advise either the National Secretary or the State Secretary of an email address which that member will use to discharge their functions and duties.
The alterations to Rules 5A2, 5B4, 5D2 and 5E2 enables postal ballots and postal votes of National Conference delegates and State Conference delegates to also be conducted via email or via the internet.
On 9 September 2020, Fair Work Commission staff requested that the AMWU clarify what ‘via the internet’ is intended to mean within the proposed alterations. The AMWU submitted:
It is a catchall for the various forms of electronic voting systems available online – for example – Microsoft Outlook has a voting module as does Diligent Boardbooks which we use to distribute board papers in here. The term also allows us adopt other systems and modules that may become available in the future and which we cannot foresee from here.
Within the lodgment materials, Mr Paul Bastian, National Secretary requested as per subsection 159(2) of the Fair Work (Registered Organisations) Act 2009, that the Delegate make various amendments to the alterations for the purpose of correcting typographical, clerical or formal errors. Accordingly, the following corrections have been made:
· the proposed alteration to sub-rule 5D1.1, as recorded at the top of the second page of ‘Schedule A’ is intended to be an alteration to sub-rule 5D2.4
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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