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

[2020] FWCD 5495

[2020] FWCD 5495

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

(R2020/149, R2020/165)

MURRAY FURLONG MELBOURNE, 3 November 2020

Alteration of other rules of organisation.

1. On 16 September and 7 October 2020, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged with the Fair Work Commission notices and declarations setting out particulars of alterations to the rules of the Electrical, Energy and Services Division of the CEPU – Section B (the Divisional Rules) .

1. The particulars set out:

·  An alteration to rule 7.5 – Annual Meetings of Divisional Council (matter R2020/149); and

·  Alterations to rule 15.20 – Candidates (matter R2020/165).

1. The effect of the alteration to sub-rule 7.5.1 is that the Divisional Executive may determine to hold the annual meeting of the Divisional Council (the Divisional Conference) at a later time than that currently prescribed in that rule. This is contingent upon the happening, or likely happening, of a “critical event” rendering the programming of the Divisional Conference practically or administratively impossible. The Divisional Executive may determine to postpone the Divisional Conference until the following year.

1. The covering letter of Mr Allen Hicks, National Secretary of the CEPU, dated 16 September 2020 indicates that this alteration has been made, at least in part, due to the consequences of the COVID-19 pandemic. As the annual meeting of the supreme governing body of the Electrical, Energy and Services Division (the Division), the Divisional Conference is clearly a significant event in the governance and democratic functioning of the Division. Thus, any potential postponement of the Divisional Conference will obviously impact upon the participation of the membership in the affairs and control of the Division. However, given the current circumstances, I am satisfied that this is not an unreasonable imposition.

1. The alterations to rule 15.20 include the insertion of a new sub-rule 15.20.5 which has the effect of reducing the requisite period of membership of the CEPU in order to be eligible to be a candidate for the office of Affirmative Action (Women) Councillor on the Tasmanian Divisional State Council. However, in circumstances where only a sufficient number of nominations are received, the candidate needs only to be a financial member of the Tasmanian Divisional Branch at the time that nominations open. The alterations also renumber existing rule 15.20.5 as 15.20.6.

1. On 14 October 2020, Mr Hicks confirmed that notice of the special meeting of the Divisional Council held on 21 September 2020, in which the alterations to rule 15.20 were approved, was given in accordance with rule 13.1 of the Divisional Rules.

1. On the information contained in the notices, and the further correspondence of Mr Hicks of 14 October 2020, I am satisfied the alterations have been made under the rules of the organisation.

1. On 14 October 2020, the CEPU gave consent, under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009, for the Delegate to make various amendments to the alterations for the purpose of correcting typographical, clerical or formal errors. Accordingly, the following corrections have been made:

·   In proposed rule 15.20.5, one of the full stops immediately before the word “Provided” has been omitted; and

·   The word “open” has been inserted at the end of sub-rule 15.20.5 immediately after the word “nominations”.

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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