"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
[2020] FWCD 4103
•1 SEPTEMBER 2020
| [2020] FWCD 4103 |
| 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)
(R2020/75, R2020/78)
| MURRAY FURLONG | MELBOURNE, 1 SEPTEMBER 2020 |
Alteration of other rules of organisation.
On 9 and 18 June 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 notices and declarations setting out particulars of alterations to its rules. Further material in support of the application was lodged on 4 and 5 August 2020.
On the information contained in the notices and subsequently provided, I am satisfied the alterations have been made under the rules of the organisation.
The particulars set out alterations to the following rules:
Rule 5C – National Steering Committee[1]
Rule 6B – Honorary Elections at National Conference[2]
Rule 6C – Honorary Elections at State Conference[3]
Rule 5C pertains to the organisation’s Steering Committee. The Steering Committee is composed of a small number of National and Branch officials. Between meetings of the National Conference and National Council, the National Steering Committee is responsible for the administrative affairs of the union. It meets at least once every four weeks.
Under the rules, when one of the National Steering Committee’s members is temporarily absent an eligible member of the union may act in the unoccupied position. The alteration to Rule 5C clarifies that the acting National Steering Committee member may attend and vote at meetings of the committee.
The alteration to Rule 6B adds an additional requirement that the nominator for a potential Delegate to the National Council representing the three smallest states be a National Conference Delegate employed by the union in one of the three State Branches with the fewest financial members.
The alterations to Rule 6C allow the Returning Officer to extend the period of a ballot and also includes an additional time requirement for when an application for an absentee ballot must be received by the Returning Officer.
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
[1] R2020/78
[2] R2020/75
[3] R2020/75
Printed by authority of the Commonwealth Government Printer
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