Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
[2020] FWCD 3656
•23 JULY 2020
| [2020] FWCD 3656 |
| 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
(R2020/95)
| MURRAY FURLONG | MELBOURNE, 23 JULY 2020 |
Alteration of other rules of organisation.
On 10 July 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 Electrical, Energy and Services Division of the CEPU – Section B (the Divisional Rules).
The particulars set out alterations to sub-rules 15.5.2 and 15.5.3 of the Divisional Rules.
The effect of the alterations is to vary the frequency of the elections for, and the terms of office of, the Divisional President, Divisional Vice Presidents and the Divisional Branch Representatives on the Divisional Executive (hereinafter referred to as Divisional Executive Members).
The Divisional Rules currently provide that these offices are elected at each Divisional Conference (which the annual meeting of the Divisional Council is called) by and from the elected delegates to the Conference.[1]
The alterations provide that the persons elected to the offices of Divisional President, Divisional Vice Presidents and Divisional Executive Members during the Divisional Conference in 2020 will hold office until the declaration of the next quadrennial elections in 2023. On and from 2023, the above offices will be elected during the Divisional Conference held following the next scheduled quadrennial elections.
The alterations further provide that, if for some reason beyond the control of the Divisional Executive or Council, their successors have not been declared elected, the persons holding the above offices will continue to hold office until this occurs.
In his correspondence of 10 July 2020, Mr Allen Hicks, National Secretary, gave consent, under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009, to make an amendment to correct an error in the alteration to sub-rule 15.5.2 as made. The correction entails the deletion of the term “Executive” and the substitution of the term “Conference” in the third sentence of sub-rule 15.5.2 and clarifies that the Divisional President and Divisional Vice Presidents will be elected by a secret ballot of the members of the Divisional Conference rather than the members of the Divisional Executive. The proposed correction is consistent with rule 15.18.6 of the Divisional Rules which provides that those offices will be elected by and from the Divisional Councillors and the overall scheme of the collegiate election of offices during the Divisional Conference. The alteration itself stipulates that the above offices will continue to be elected during a Divisional Conference which suggests that the clear intention in making the alteration was not to change the relevant electorate but the frequency in which such elections are held. Given this, I am prepared to characterise the amendment as the correction of an error and make the necessary change.
On the information contained in the notice, I am satisfied the alterations have been made under the rules of the organisation.
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
< PR720925>
[1] Rules 7.5, 15.5.2, 15.5.3 & 15.18.6.
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