"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)

[2020] FWCD 3039

[2020] FWCD 3039

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)

(R2019/118)

MURRAY FURLONG MELBOURNE, 15 JUNE 2020

Alteration of other rules of organisation.

1. On 18 September 2019 the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (the Union) lodged with the Fair Work Commission six notices and declarations setting out particulars of alterations to its rules. The alterations were transacted at the same meeting of the Union’s National Conference and lodged at the same time. As a consequence, this decision deals with them jointly.

1. On 20 April 2020 the Union provided further information about the manner in which the rules were altered

1. On the information contained in the initial notices and provided subsequently, I am satisfied the alterations have been made under the rules of the organisation.

1. Taken together, the particulars set out alterations to Rules 5A2, 5B1, 5B2, 6A, 6B, and 7A.

1. The alterations:

·   halve the membership period that young members and apprentices must serve before they can nominate for various offices;

·   refine the way National and State budgets are developed, implemented and monitored;

•  correct errors and anomalies discovered after the Union’s rules were fundamentally revised in December 2018; and

·   make a minor alteration to the ex officio positions on the Union’s National Conference, by including the Assistant State Secretary from the Print Membership Area in Victoria in lieu of their New South Wales counterpart.

1. In support of the final alteration, the Union submitted that the relevant rule was a temporary provision which created additional National Council positions, from the Union’s various Membership Areas, while the Union transitioned from a Divisional structure to a unitary one. The Print Division (as it then was) resolved that its additional delegate position would be shared, for two years each, between two long-standing Print Division National Councillors.

1. During the first two years the Assistant State Secretary from the Print Membership Area in New South Wales would fill the office. Thereafter, the role would transfer to the Assistant State Secretary from the Print Membership Area in Victoria. However, the New South Wales Assistant State Secretary resigned from office before two years had elapsed. A less experienced person filled the casual vacancy.

1. The Union’s submission continued:

Consistent with the intent of the original provision that the transitional office of additional delegate to National Council be held by members with experience of the National Council, the leadership of the Print Membership area, including [the affected officer], sought endorsement of the rule change we have before us

1. I accept these submissions. In the circumstances, the alteration does not impose on the Union’s members or prospective members conditions, obligations or restrictions which are oppressive, unreasonable or unjust when regard is had to the legislative intentions which underpin the Fair Work (Registered Organisations Act) 2009 (the Act) or the Fair Work Act 2009.

1. On 20 April 2020 the Union’s National Secretary, Mr Paul Bastian, gave consent, under subsection 159(2) of the Act, for the Delegate to make various amendments to the alterations for the purpose of correcting typographical, clerical or formal errors. Accordingly, the following corrections have been made:

   ·   In proposed Rule 5A2.3(d)(iv) a paragraph break has been inserted following the word Council;

   ·   Proposed Rule 5B2.10 has been correctly numbered.

1. In my opinion, the alterations comply with and are not contrary to the Act, 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 Act.

DELEGATE OF THE GENERAL MANAGER

Printed by authority of the Commonwealth Government Printer

< PR720078>