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

[2015] FWCD 1585

[2015] FWCD 1585

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

(R2015/50)

MR ENRIGHT	MELBOURNE, 13 MARCH 2015
Alteration of other rules of organisation.

[1]        On 6 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 Communications Division of the CEPU (the Divisional Rules).

[2]        The particulars set out alterations to rules 76A(f) and 76A(g) of the Divisional Rules.

[3]        The declaration stated that the action taken by the Divisional Executive of the

Communications Division in altering the rules included that “at least 60% of votes were cast

in favour of the resolution to alter the rules”. Rule 16(b) of the Divisional rules states that a

proposal by Divisional Executive members will be ‘decided in the affirmative if sixty percent

(60%) of votes are cast in favour’. However rule 16(b) also adds that ‘any proposal to alter

Rules 44, 46, 46A, 46B, 75, 76 and 76A shall be decided in the affirmative if seventy five

percent (75%) of votes are cast in favour’.

[4]        On 9 March 2015, the Commission wrote to the CEPU seeking further information to

confirm the percentage of votes which were cast in favour of the resolution to alter rules

76A(f) and 76A(g).

[5]        On 11 March 2015, the CEPU lodged with the Commission a further written statement

signed by the National Secretary of the CEPU confirming that the action taken by the

Divisional Executive of the Communications Division in altering rules 76A(f) and 76A(g)

included that “at least 75% of votes were cast in favour of the resolution to alter the rules”.

[6]        On the information contained in the original notice and the further written statement

which was lodged on 11 March 2015, I am satisfied the alterations have been made under the

rules of the organisation.

[7]        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 1585

DELEGATE OF THE GENERAL MANAGER

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