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

The case involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and a complaint made by a CEPU member regarding the validity of alterations to the CEPU's rules. The member claimed that the alterations were not validly approved by the CEPU's National Council and that the poll results of the decision made by correspondence had not been circulated. The Fair Work Commission was required to decide whether the alterations had been made under the rules of the CEPU. The central issue was whether the National Council had validly made the alterations to the rules of the CEPU in a decision made by correspondence. The court found that the alterations were validly made by the National Council as a majority of members of National Council from each Division must be available and have an opportunity to lodge a vote on the relevant proposition or motion within the prescribed time. The court certified the alterations under subsection 159(1) of the Fair Work (Registered Organisations) Act 2009.