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

[2019] FWCD 2527

[2019] FWCD 2527

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

(R2019/38)

MURRAY FURLONG MELBOURNE, 18 APRIL 2019

Alteration of other rules of organisation.

1. On 8 April 2019, 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) and the rules of the New South Wales Divisional Branch of the Electrical, Energy and Services Division of the CEPU – Section B2 (the Branch Rules).

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

·  Rule 8 – Divisional Executive;

·  Rule 11 – Divisional Branches and Sub Branches

·  Rule 12 – Divisional Branch Officers;

·  Rule 15 – Elections;

·  Rule 31 – Officers Salaries, Leave & Retiring Allowance.

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

·  Rule 17 – Time and Place of Meetings;

·  Rule 18 – Summoned Meetings;

·  Rule 20 – Government;

·  Rule 22 – Election of Officers, Divisional State Councillors and Delegates; and

·  Rule 34 – Control of Funds.

1. In his correspondence of 11 April 2019, Mr Allen Hicks, National Secretary, advised that at least 24 hours’ notice was given for the special meeting of the New South Wales Divisional State Council of 11 March 2019 in which the alterations to the Branch Rules were initially approved in accordance with 20.3.8 of the Branch Rules.

1. On the information contained in the notice, and the further correspondence of Mr Hicks of 11 April 2019, I am satisfied the alterations have been made under the rules of the organisation.

1. The alterations to rule 8.8 of the Divisional Rules make amendments to provisions concerning decisions made by the Divisional Executive other than at an attendance meeting. The alterations to rule 17 of the Branch Rules provide a mechanism for the New South Wales Divisional Branch Executive to make decisions other than at an attendance meeting and for its members to participate in meetings via telephone or video conferencing facilities. The alteration to rule 18 of the Branch Rules change the manner in which meetings within the Branch may be summoned.

1. The alterations to rule 12 of the Divisional Rules provide that a Divisional Branch President in the Western Australian, Victorian and Queensland Divisional Branches shall perform the duties of a Divisional Branch Secretary as prescribed in the rules as directed. The alterations also provide that prior to nominations opening, the relevant Divisional State Council will determine if the office of Divisional Branch President will be full time, part time or honorary. In the event of a casual vacancy arising, or with the consent of the current holder of the office of Divisional Branch President, the alterations also empower the relevant Divisional State Council to determine if the status of that office will be full time, part time or honorary. The alterations to rule 15.17.5 and 31 of the Divisional Rules are consequential amendments as a result of the office of Divisional Branch President potentially being a paid office.

1. The alterations to rules 11 and 15.11 of the Divisional Rules, and the alteration to rule 20 of the Branch Rules, provide that the office of Branch Affirmative Action (Women) Councillor shall be an ex officio member of the relevant Divisional Branch Executive with the exception of the Victorian Divisional Branch. The alterations to rules 15.6, 15.10 and 15.19.18 of the Divisional Rules, and the alterations to rules 22.1.6 and 22.4.4 of the Branch Rules, clarify the persons eligible to nominate for, and participate in the election of, this office consistent with the existing provisions of the Divisional Rules. Similarly, the alteration to rule 15.18.4 of the Divisional Rules clarifies the persons eligible to nominate and the electorate for the collegiate election of the Affirmative Action (Women) Councillor on Divisional Council.

1. The alterations to rule 22 of the Branch Rules clarifies that a person appointed to an office pursuant to existing rule 22.8.1 as a result of an extraordinary vacancy arising must be otherwise eligible to hold the relevant office.

1. The alterations to rules 18 and 34 of the Branch Rules increase the threshold for expenditure required to be referred to the Divisional State Council by the Divisional Branch Executive.

1. On 11 April, Mr Hicks gave consent, under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009, for the Delegate to make an amendment to the alterations for the purpose of correcting typographical, clerical or formal errors. Accordingly the following corrections have been made:

·  Existing sub-rules 8.8.3 and 8.8.4 of the Divisional Rules have been renumbered as sub-rules 8.8.4 and 8.8.5 respectively.

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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