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

[2015] FWCD 2266

[2015] FWCD 2266

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

(R2015/60)

MR ENRIGHT	MELBOURNE, 1 APRIL 2015
Alteration of other rules of organisation.

[1]        On 20 March 2015, the Communications, Electrical, Electronic, Energy, Information,

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

Commission (the Commission) a notice and declaration setting out particulars of alterations

to the rules of the CEPU - Section A (the National Rules).

[2]        The particulars set out alterations to rule 6.1.4 of the National Rules.

[3]        On 26 March 2015, the Commission wrote to the CEPU requesting confirmation that

the reference to the “Divisional Executive” in paragraph 8.2 of the declaration made by Mr

Allen Hicks, National Secretary of the CEPU, on 20 March 2015 should actually be a

reference to the Divisional Conference and whether or not the number of votes actually cast in

the relevant out of session decision satisfied the quorum requirement set out in rule 5(l) of the

rules of the Communications Division of the CEPU - Section D (the Divisional Rules). The

Commission also requested a brief explanation regarding the effect of the proposed alteration.

[4]        On 27 March 2015, Mr Hicks provided further correspondence to the Commission

which confirmed that the reference to the “Divisional Executive” should actually be a

reference to the Divisional Conference, advised that the quorum requirement set out in rule

5(1) of the Divisional Rules had been met in the relevant out of session decision made by

Divisional Conference and provided a brief explanation of the effect of the proposed

alteration.

[5]        On the information contained in the notice, and the further correspondence filed on 27

March 2015, I am satisfied the alterations have been made under the rules of the organisation.

[6]        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.
[2015] FWCD 2266

DELEGATE OF THE GENERAL MANAGER

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