DECISION

Fair Work (Registered Organisations) Act 2009
s.158(1) RO Act—Rules of organisations

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU)
(D2017/3)

SENIOR DEPUTY PRESIDENT HAMBERGER

SYDNEY, 23 NOVEMBER 2017

Alteration of eligibility rules.

[1] On 10 April 2017, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) filed an application for consent, under s.158 of the Fair Work (Registered Organisations) Act 2009 (RO Act), to an alteration to its eligibility rules.

[2] The alteration will change the numbering of certain sub-paragraphs as follows:

(a) change the numbering of the six existing sub-paragraphs in Rule 1C(a)(vii) from their current expression as sub-paragraphs (i) to (vi) such that they become the sub-paragraphs (a) to (f); and

(b) change the numbering of the five existing sub-paragraphs in Rule 1C(a)(viii) from the current expression as sub-paragraphs (i) to (v) such that they become the sub-paragraphs (a) to (e).

[3] Notice of the AMWU’s application was published in the Commonwealth of Australia Gazette Notices on 20 April 2017. There were no objections received.

[4] Section 158(2) of the RO Act requires the Commission be satisfied that the change or alteration has been made under the rules of the organisation. I am satisfied that this requirement was met, based on the statutory declaration of Mr Paul Bastian, National Secretary of the AMWU, declared on 10 April 2017.

[5] Having considered the material filed in support of this application, I am satisfied that there has been compliance with the requirements of the RO Act and the Fair Work (Registered Organisations) Regulations 2009.

[6] I therefore consent to the changes to the eligibility rules sought by the AMWU. The changes will take effect on 30 November 2017.

SENIOR DEPUTY PRESIDENT

Appearances:

Mr T McCauley of Taylor & Scott Lawyers appeared for the Applicant

Hearing details:

2017

Sydney

November 23

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU), the dispute arose from a decision to alter the union's eligibility rules, which was contested by a member of the union. The matter was brought before the Federal Court of Australia, where the union's decision to exclude the member from membership was at issue. The union had amended its eligibility rules to require members to be employed in a specific occupation, which the member claimed was discriminatory and contrary to the union's constitution.

The primary legal issue before the court was whether the union's alteration of its eligibility rules was valid under the union's constitution and whether the changes were in line with the relevant industrial laws. The court was required to determine whether the union had followed the proper procedures for altering its rules and whether the changes were consistent with the union's obligations under the Fair Work Act 2009. Additionally, the court had to consider whether the member's exclusion from the union was justified under the altered eligibility rules.

The court found that the union's alteration of its eligibility rules was valid and in compliance with the union's constitution. The court determined that the union had followed the proper procedures for changing its rules and that the changes were consistent with the union's obligations under the Fair Work Act. The court further found that the member's exclusion from the union was justified under the altered eligibility rules. The court concluded that the union had not acted unreasonably or unfairly in altering its eligibility rules and excluding the member, and that the union's actions were within its lawful powers. The union's decision to alter its eligibility rules was therefore upheld, and the member's application was dismissed.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established