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

[2018] FWCD 1509

[2018] FWCD 1509

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

(R2017/201)

MURRAY FURLONG MELBOURNE, 4 APRIL 2018

Alteration of other rules of organisation.

[1] On 30 August 2017 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 its rules. Further information about the transaction of the alterations was provided on 8 March 2018.

[2] The particulars set out alterations to Section B – Electrical, Energy and Services Division rules 2, 7, 12, 20, 28, 31, 32 and 34. The purpose of the alterations is to rectify incorrect numbering and cross references and to clarify the method of calculating membership for the purposes of voting and the payment of sustentation fees.

[3] From the time the notifications were lodged, staff of the Commission undertook examination of the alterations and engaged in a process of consultation with the organisation in order to seek further information regarding the rule altering process, as well as submissions relating to the effects of various proposed alterations.

[4] On 8 March 2018 CEPU National Secretary, Allen Hicks, sought to sever the proposed alteration to Rule 12, in response to issues raised by staff of the Commission. Severing this alteration does not affect the meaning or operation of the remainder of the alterations set out in the particulars. I therefore sever proposed rule 12.5.3 from the remainder of the particulars and do not intend to consider it further at this time.

[5] On the information contained in the notice and the letter of the National Secretary, Allen Hicks, dated 8 March 2018, I am satisfied the alterations have been made under the rules of the organisation.

[6] In my opinion, the alterations to rules 2, 7, 20, 28, 31, 32 and 34 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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