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

[2014] FWCD 1832

[2014] FWCD 1832

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

(R2013/470)

MR ENRIGHT	MELBOURNE, 22 APRIL 2014
Alteration of other rules of organisation.

[1] On 4 December 2013, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) lodged with the Fair Work Commission four separate notices and declarations setting out particulars of alterations to the rules of the Electrical, Energy and Services Division of the CEPU (the Divisional Rules).

[2] The particulars set out alterations to 4.2, 4.4, 5.2, 5.5, 5.9, 9.4, 9.5, 12.1 18, 19, 20, 31 and 43 of the Divisional Rules.

[3] On the information contained in the notices, I am satisfied the alterations have been made under the rules of the organisation.

[4] On 5 March 2014, the Fair Work Commission wrote the CEPU expressing concerns that the proposed alterations to rules 4.2 and 4.4 set out in one of the notices of particulars may be contrary to sections 142(1)(c) and/or 166(1) of the Fair Work (Registered

Organisations) Act 2009 (the Act). The correspondence provided the CEPU with several

options as to how to proceed with the progression of the proposed alterations.

[5] On 10 March 2014, the CEPU wrote to the Fair Work Commission advising that had it elected to proceed with the certification of the alterations to rules 5.2, 5.9, 9.4, 9.5, 12.1, 18, 19, 20, 31 and 43 of the Divisional Rules and withdrawing the proposed alterations to rules 4.2 and 4.4 of the Divisional Rules.

[6] I am satisfied that the proposed alterations 4.2 and 4.4 are severable form the other

alterations contained in the notices of particulars in light of the principles set out by the
majority in Re Food Preservers’ Union of Australia (1998) 79 ALR 138.

[7] On 10 April 2014, Mr Allen Hicks, National Secretary of the CEPU, gave consent, under subsection 159(2) of the Act, for the Delegate to make various amendments to the alterations for the purpose of correcting typographical, clerical or formal errors. Accordingly the following corrections have been made:

[2014] FWCD 1832

 The proposed alteration to the rule labelled 5.5.5 has been renumbered as a proposed
alteration to rule 5.9.

 The proposed alteration to the rule labelled 24.6.1 has been renumbered as a

proposed alteration to rule 31.6.1.

	The proposed new sub-rule labelled 24.9 has been renumbered as new sub-rule 31.9.
	The proposed alteration to the sub-rule labelled 37.2.1, and the proposed new sub- rule 37.2.2, have been renumbered as sub-rules 43.2.1 and 43.2.2 respectively.
	The reference to sub-rule 37.2.1 in the proposed new sub-rule labelled 37.2.2 (as renumbered as sub-rule 43.2.2) has been omitted and replaced with a reference to sub-rule 43.2.1.

[8] In my opinion, the alterations, with the exception of the proposed alterations to rules 4.2 and 4.4, comply with and are not contrary to the Act, 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

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