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

[2018] FWCD 5953

[2018] FWCD 5953

FAIR WORK COMMISSION

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 - Electrical, Energy and Services Division

(R2018/226)

MURRAY FURLONG MELBOURNE, 27 SEPTEMBER 2018

Alteration of other rules of organisation.

1. On 22 August 2018, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to the rules of the Electrical, Energy and Services Division of the CEPU – Section B (the Electrical Divisional Rules) and the rules of the Communications Division of the CEPU – Section D (the Communications Divisional Rules).

1. The particulars set out alterations to:

·  Rule 20 of the Electrical Divisional Rules; and

·  Rule 75 of the Communications Divisional Rules.

1. In a further declaration dated 21 September 2018 and filed with the Fair Work Commission on the same date, Mr Allen Hicks, National Secretary of the CEPU, confirmed that:

·  In accordance with rule 5(h) of the Communications Divisional Rules, more than 90% of the votes cast during the relevant out of session decision of the Communications Divisional Conference were in favour of the resolution to make the alteration to rule 75; and

·  In accordance with rule 36(d) of the Communications Divisional Rules, the Branch Committees of Management of both the Queensland Communications Division Branch and the Western Australian Communications Division Branch ratified the alteration to rule 75.

1. On the information contained in the notice, and the further declaration of Mr Hicks dated 21 September 2018, I am satisfied the alterations have been made under the rules of the organisation.

1. 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.

DELEGATE OF THE GENERAL MANAGER

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