“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)

[2017] FWCD 4142

[2017] FWCD 4142

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)

(R2017/62)

MURRAY FURLONG MELBOURNE, 21 AUGUST 2017

Alteration of other rules of organisation.

1. On 8 May 2017 the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to its rules.

1. The particulars set out alterations to Rule 52, which have the effect of abolishing the office of New South Wales Regional Assistant Secretary - Vehicle Division. On 2 June 2017 the organisation forwarded correspondence to the Commission confirming the resignation of the relevant officer, with effect from 1 July 2017.

1. On the information contained in the notice, I am satisfied the alterations have been made under the rules of the organisation.

1. Turning to the substance of the alterations, provided it complies with the requirements of the legislation and its rules, an organisation has the right to mould its internal structures as it sees fit.[1] Authorities suggest that an elected office may be abolished at any time provided the abolition is effected in accordance with the rules and is bona fide,[2] and does not have an oppressive, unreasonable or unjust effect on members or applicants for membership.[3]

1. On 11 August 2017 the organisation provided further correspondence in support of the alterations, explaining that a decline in membership in the relevant occupations and industries and the broader loss of manufacturing jobs adversely affected the organisation’s revenue and ultimately led it to offer voluntary redundancies to a number of employees. A vacancy arose in the relevant office as a result and the organisation resolved to abolish the office for reasons of prudent financial management.

1. On the basis of the material before me I am satisfied that the abolition is bona fide and has been effected in accordance with the rules of the organisation. In my view it will not have an oppressive, unreasonable or unjust effect on members or applicants for membership within the meaning of s142(1)(c) of the RO Act.

1. 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] Imlach v Daley [1985] FCA 13; (1983) 7 FCR 457.

[2] Majority in Saint v Australian Postal and Telecommunications Union and Others (1976) 30 FLR 393.

[3] Roughan v Australasian Meat Industry Employees’ Union (1992) 36 FCR 536.

Printed by authority of the Commonwealth Government Printer

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Printed by authority of the Commonwealth Government Printer

<Price code A, PR595205>