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

[2016] FWCD 6675

[2016] FWCD 6675

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)

(R2016/187)

MR CHRIS ENRIGHT	MELBOURNE, 23 SEPTEMBER 2016
Alteration of other rules of organisation.

[1]        On 7 September 2016 the "Automotive, Food, Metals, Engineering, Printing and

Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)

(‘the organisation’) lodged with the Fair Work Commission a notice and declaration setting

out particulars of alterations to the rules of the organisation.

[2]        The particulars set out alterations to rule 50 of the rules of the organisation.

[3]        On 15 September 2016, the organisation gave consent in relation to the amendment of

the alterations for the purpose of correcting typographical, clerical or formal errors, as set out

in Annexure A.

[4]        On the information contained in the notice I am satisfied the alterations have been

made under the rules of the organisation.

[5]        The alterations consist of a new sub-rule 50.28 which establishes a transitional period

from 1 January 2017 to 31 March 2018, during which most of the powers traditionally

exercised by the Divisional Executive Committees, the Regional Councils and Regional

Executive Committees – except where considered to be best continued to be dealt with by

these bodies – will be exercised by relevant State and National bodies. The alterations reflect

the desire of the various areas to re-organise the Union on an alternative basis. The

restructure is anticipated to involve further negotiation and discussion before the eventual

model is finalised and the Divisions have therefore agreed to this new rule to be certified now

to provide for a period of approximately 15 months to complete their preparations of new

rules. The new sub-rule also provides that each Division must, by 31 December 2016,

formally approve the application of the new sub-rule to its Division during the said

transitional period.

[6]        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

[2016] FWCD 6675

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

Printed by authority of the Commonwealth Government Printer

<Price code A, PR585501>

[2016] FWCD 6675

ANNEXURE A

1.    The word “of” appearing between the words “power” and “duty” in proposed sub-rule

50.28(l) corrected by being replaced by the word “or”;

2.    The word “rules” appearing immediately before the numeric “53.14(h)” in proposed

sub-rule 50.28(h)(vii) corrected by being replaced by the word “rule”.