Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
[2023] FWCD 3
•6 JUNE 2023
| [2023] FWCD 3 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(R2023/33)
| PATRICK MCCARTHY | MELBOURNE, 6 JUNE 2023 |
Alteration of other rules of organisation.
On 18 April 2023 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules.
The CEPU seeks certification of the alterations under section 159 of the Fair Work (Registered Organisations) Act 2009 (the Act).
On the information contained in the notice, I am satisfied the alterations have been made under the rules of the organisation.
The particulars set out alterations to Rule 15 Elections of the CEPU’s Electrical, Energy and Services Division rules.
The alterations can be grouped into three categories:
alterations that change the eligibility qualifications for candidates on newly created Sections or Sub-Branches;
alterations relating to the election of the Affirmative Action (Women) Divisional Councillor, and
other minor changes.
Alterations in the first category remove the one-year qualification period before someone can nominate for office in a newly established State Council Section or Sub-Branch. The current rules require candidates for those offices to be a financial member attached to the relevant State Council or Sub-Branch for at least 12 months prior to the opening of nominations. Consequently, members whose membership transferred to a State Council or Sub-Branch established within 12 months of an election are currently ineligible to nominate for these offices.
The second category of alterations clarify the manner of election of the Affirmative Action (Women) Divisional Councillor. These alterations respond to an Australian Electoral Commission post-election report which identified rules as difficult to interpret or apply.
The third category of alterations make two minor changes. Alterations have been made to reflect previous rule alterations which allow nominations to be called by posting a notice on relevant websites, or by some other method agreed to between the Branches/Division and the Returning Officer. Other alterations have been made to correct the full title of the Affirmative Action (Women) Divisional Councillor.
On 18 May 2023, Allen Hicks, National Secretary, gave consent under subsection 159(2) of the Act for me to amend the alterations for the purpose of correcting a typographical, clerical, or formal error. Accordingly, the following correction has been made:
In rule 15.18.2.2, insert the words “conducted as a secret ballot” after the words “or” and before the word “by”.
In my opinion, the alterations comply with and are not contrary to the Act, the Fair Work Act 2009, modern awards and enterprise agreements, are not otherwise contrary to law and have been made under the rules of the organisation. I certify accordingly under subsection 159(1) of the Act.
DELEGATE OF THE GENERAL MANAGER
Printed by authority of the Commonwealth Government Printer
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