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

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) sought certification of alterations to their rules from the Fair Work Commission. The alterations were previously deemed invalid by a Full Bench of the Commission, which quashed the initial certification and restored the rules to their prior terms. CEPU lodged new notices of particulars for identical alterations, prompting Ken Hardisty to request an opportunity to be heard on the potential certification of these alterations. Hardisty argued that the alterations were not validly made under the CEPU's rules and were oppressive, unreasonable, or unjust. The court considered submissions from Hardisty and Allen Hicks, the National Secretary of CEPU. The key issue was whether the alterations were validly made under CEPU's rules. The court found that a quorum was not present at the time the alterations were purportedly carried, rendering the alterations invalid. Additionally, the court determined that the previously quashed certification of the alterations did not confer validity upon them, and therefore, the alterations were not made under the rules of the CEPU. Consequently, the court refused to certify the alterations.