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

[2016] FWCD 1240

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

(R2015/266)

MR ENRIGHT	MELBOURNE, 8 MARCH 2016
Alteration of other rules of organisation.

[1] On 3 December 2015, 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).

[2] The particulars set out alterations to rules 7, 8, 11, 15 and 16 of the Divisional Rules.
[3] On the information contained in the notice, I am satisfied the alterations have been

made under the rules of the organisation.

[4] 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) filed a notice and declaration with the Fair Work Commission on 3 December 2015, seeking approval for changes to the rules of the Electrical, Energy and Services Division of the CEPU – Section B (the Divisional Rules). The proposed alterations pertained to rules 7, 8, 11, 15 and 16 of the Divisional Rules. The Delegate of the General Manager, in this case, was tasked with determining whether the alterations were consistent with the Fair Work (Registered Organisations) Act 2009, the Fair Work Act 2009, modern awards, enterprise agreements, and any other relevant legal frameworks.

The primary legal issue the court had to address was whether the proposed rule alterations were in compliance with the Fair Work (Registered Organisations) Act 2009, the Fair Work Act 2009, modern awards, enterprise agreements, and if they adhered to any other legal requirements. The court was also required to verify if the alterations were made in accordance with the rules of the organisation.

After reviewing the information provided in the notice and declaration, the court determined that the proposed rule alterations were indeed made under the rules of the organisation. Furthermore, the court found that the alterations complied with the Fair Work (Registered Organisations) Act 2009, the Fair Work Act 2009, modern awards and enterprise agreements, and did not contravene any other legal requirements. Consequently, the Delegate of the General Manager certified the alterations under subsection 159(1) of the Fair Work (Registered Organisations) Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established