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

[2015] FWCD 5299

[2015] FWCD 5299

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

(R2015/66)

MR ENRIGHT	MELBOURNE, 6 AUGUST 2015
Alteration of other rules of organisation.

[1]        On 30 March 2015, the Communications, Electrical, Electronic, Energy, Information,

Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged with the Fair Work

Commission (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 an alteration to rule 20 of the Divisional Rules.

[3]        The substance of the alteration has previously been set out in notices of particulars

lodged by the CEPU on 17 April 2014 in matter R2014/82 and on 13 March 2015 in matter

R2015/54.

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[4] As set out in my decision of 7 July 2015, I formally refused to certify the alterations

in matter R2015/54 on the basis of my finding that the alteration had not been validly made.

In that decision, I also detailed the passage of the alteration in matter R2014/82 which

2

culminated in the decision of a Full Bench of the Commission quashing my decision of 24

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October 2014 certifying it.

[5]        The declaration of Mr Allen Hicks, National Secretary, made on 30 March 2015 and

contained within the notice of particulars in accordance with regulation 126(2) of the Fair

Work (Registered Organisations) Regulations 2009 provides that the National Council made

the alterations in a decision by correspondence voting process with a return date of 27 March

2015. Crucially, Mr Hicks states that, in accordance with rules 7.7 and 7.11 of the rules of

CEPU – Section A, each of three Divisions of the CEPU was represented by a majority of its

National Councillors.

[6]        On the information contained in the notice, including the declaration of Mr Hicks, I

am satisfied the alterations have been validly made under the rules of the organisation.

[7] Given my decision of 7 July 2015 formally refusing to certify the alteration in matter

R2015/54, I can now proceed to certify the alteration in the current matter.
[2015] FWCD 5299

[8]        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

Endnotes:

1

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

[2015] FWCD 3710.

2

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

Australia [2015] FWCFB 960

3

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

[2014] FWCD 6659

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