Civil Contractors Federation

[2018] FWCD 7457

[2018] FWCD 7457

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Civil Contractors Federation

(R2018/292)

MURRAY FURLONG MELBOURNE, 31 DECEMBER 2018

Alteration of other rules of organisation.

[1] On 28 November 2018, the Civil Contractors Federation (the Federation) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to the rules of the Civil Contractors Federation (the Rules).

[2] The particulars indicate that the Federation has adopted a new constitution which effectively replaces the Rules as they presently stand. All the Rules have been amended in some form with the exception of Rule 5 – Industry and sub-rules (i), (ii) and (iii) of Rule 6 – Eligibility – Membership which constitute the eligibility rules of the Federation.

[3] The principal effect of the alterations is the abolition of its eight branches. The alterations in this regard are part of a larger restructure of the membership of the Federation and affiliated entities. More specifically, the Federation has advised that separate corporate entities have been established including those corresponding with the membership currently attached to the branches of the Federation. These newly established entities will undertake some of the functions currently carried out by the Federation such as the promotion of the civil construction industry in the broader community, commercial activities and the provision of training and education services. The Federation will still be engaged in matters involving the industrial representation and organisation of its members such as participation in proceedings regarding Modern Awards and dispute resolution on behalf of members.

[4] The Federation has further advised that the reasons underpinning this restructure include limiting the potential liability of the Federation regarding the activities and functions currently undertaken by the branches and reducing the level of duplication across the organisation. The Federation and the associated corporate entities will establish a form of “dual membership” so that only members of the Federation will be eligible to a member of one of those corporate entities.

[5] Given the above, the provisions currently set out in the Rules regarding the branches have been omitted from the new constitution adopted by the Federation. In particular, I note that the constitution does not contain any provisions corresponding to rules 42 to 51 of the Rules. The branches will be abolished upon the certification of the alterations in the present matter.

[6] The abolition of the branches of the Federation has also necessitated a change to the composition of the National Board. In this regard, the most significant difference is that the offices of National Board Member will no longer be elected by and from the members attached to each branch. I further note that the terms of the new constitution has rendered the election of Alternative Board Members redundant and will establish new offices of President, Vice President and Treasurer to replace the current National President, National Vice President and Honorary Treasurer.

[7] Regarding the terms of the current holders of offices at a national level within the Federation, I note that Rule 42 – Transition, will provide that they will continue to hold office until the declaration of results is issued in the next scheduled elections due to be held within the Federation during the next Annual General Meeting to be held in 2019 and in the meeting of the National Board to be held immediately afterwards.

[8] Almost all of the remainder of the provisions currently set out in the Rules have been retained in the new constitution in a modified, consolidated or simplified form.

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

[10] 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

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