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

[2013] FWC 8185

[2013] FWC 8185

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009
s.158(1) RO Act - Application for alteration of eligibility rules

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
(D2012/227)

VICE PRESIDENT WATSON SYDNEY, 21 OCTOBER 2013

Application for alteration of eligibility rules by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) - consent position reached - objections withdrawn - Fair Work (Registered Organisations) Act 2009 - s.158.

[1] This decision confirms the decision given at the conclusion of proceedings on 18 October 2013. It concerns an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) to alter its eligibility rules made pursuant to s.158 of the Fair Work (Registered Organisations) Act 2009 (the Act).

[2] The application was made on 13 November 2012, and published in the Government Gazette on 9 January 2013. The alteration proposes to allow the AMWU to cover air crew, other than pilots, employed in emergency service, rescue or coastal surveillance operations subject to certain exceptions. The amended application seeks to insert the following new paragraph in sub-rule (b) of Rule 1C of the registered rules:

“(v) Persons employed as air crew, other than as pilots, of helicopters engaged in emergency service, rescue or coastal surveillance activities.

Provided that this paragraph (v) shall not render eligible for membership of the Union:

a) any person trained an qualified to be a nurse, firefighter or paramedic and employed as such; or

b) any person employed by the Crown in right of a State or Territory, including any person employed in an instrumentality of a State or Territory; or

c) any person employed by the Queensland Ambulance Service or its successors; or

d) any person employed by a State or Commonwealth firefighting service or a State emergency service organisation; or

e) any person employed as an air crew member in a helicopter owned and operated by a company performing offshore construction or a company whose principal business is the production, processing and transmission of or exploration for hydrocarbons; or

f) any person employed by Hunter Region SLSA Helicopter Rescue Service Ltd at its helicopter bases at Tamworth and Newcastle in the State of New South Wales; or

g) any person employed in coal seam gas exploration, cattle and livestock mustering or animal control; or

h) any person employed as an air crew member in a helicopter service in the Northern Territory or the States of Queensland and Victoria the principal function of which is patient transport; or

i) any person employed principally to provide aerial surveillance or observation for the purposes of firefighting.

Provided further that sub-paragraphs (b) to (e) inclusive shall not extend to include employees of companies providing helicopter services under contract to the employers specified in those sub-paragraphs.”

[3] Objections to the application were received from the following parties:

● Construction, Forestry, Mining and Energy Union (CFMEU);
● United Voice;
● United Firefighters’ Union of Australia (UFUA);
● The Australian Workers’ Union (AWU);
● Health Services Union of Australia (HSU);
● The Community and Public Sector Union (CPSU), and;
● Australian Nursing and Midwifery Federation (ANMF, or Australian Nursing Federation as it then was).

[4] I am satisfied that the change to the eligibility rule has been made in accordance with the rules of the AMWU. I have had regard to the declaration and evidence of Mr Paul Bastian, AMWU National Secretary, provided with the application. I note that the rules of the AMWU confer the power to amend its rules on the National Conference of the union. On 17 July 2012 a majority of members of the National Council endorsed the proposed alteration and resolved to refer the alteration to the National Conference. On 19 September 2012 Mr Bastian wrote to all members of the National Council. A majority of members of the National Council endorsed the proposed alteration.

[5] Following negotiations between the parties, each of the objections was resolved. Undertakings were given to and by the AWU and the UFUA. I consider that these undertakings address the requirements of s.158(5) of the Act because they will assist in avoiding demarcation disputes which might otherwise arise from an overlap in the eligibility rules of the AMWU and each of the respective objectors. In the light of these settlements and undertakings I am satisfied that there is no other organisation to which the persons who will be eligible for membership by virtue of the amendment could more conveniently belong or would more effectively represent those members.

[6] In the circumstances and based on the material provided by the parties, I consider that the application by the AMWU meets the requirements of s.158 of the Act and consent should therefore be granted. The amended eligibility rule will take effect from 1 November 2013.

VICE PRESIDENT WATSON

Appearances:

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

Ms T Sakkas for the United Firefighters’ Union of Australia

Hearing details:

2013.

Melbourne.

October 18

Printed by authority of the Commonwealth Government Printer

<Price code A, PR543492>