Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2021] FWCD 1161

[2021] FWCD 1161

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

(R2020/226)

MURRAY FURLONG MELBOURNE, 5 MARCH 2021

Alteration of other rules of organisation.

1. On 21 December 2020 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to the rules of the CEPU – Section A (the National Rules).

1. The particulars set out alterations to the following National Rules:

·  7 – National Council;

·  8 – National Executive Officers; and

·  19 – Property and Funds of the Union.

1. The alteration to rule 7 explicitly vests the National Council with the power to approve a budget for the National Council’s expenditure on the recommendation of the National Secretary and new sub-rule 8.4.3 provides that the National Secretary may make such a recommendation to the National Council.

1. New sub-rule 8.4.4 provides that the National Secretary may expend the funds of the National Council for the purposes of (but not limited to):

·  Ordinary expenses or recurrent expenditure associated with the management of the National Council;

·  Budgeted expenditure of the National Council;

·  Expenditure for purposes determined by resolution of the National Council;

·  Amounts for other purposes of no more than $10,000; and

·  Expenditure in accordance with rule 19.

1. It further provides that the National Secretary must report such expenditure to the next meeting of the National Council other than an urgent meeting.

1. The alteration to rule 19 is a consequential amendment to take into account the insertion of new sub-rule 8.4.4.

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

1. 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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