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

[2013] FWCD 9737

[2013] FWCD 9737

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

(R2013/148)

MR ENRIGHT	MELBOURNE, 11 DECEMBER 2013
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 a notice and declaration 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 the insertion of new sub-rules containing definitions into rule 2 of, and the insertion of new rules 21, 22, 23, 24, 25, 26 and 27 into, the Divisional Rules. The particulars also provide for further minor amendments to existing rules 2, 5.1.1 and 5.2.2, the deletion of existing rule 33 and the renumbering of existing rules 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 34, 35, 36 and 37 of the Divisional Rules as a consequence of the insertion of the new rules referred to above. The alterations were made for the purpose of complying with provisions of the Fair Work (Registered Organisations) Amendment Act 2012 (the Amendment Act) regarding the rules of registered organisations. In particular, the alterations provide for specified disclosures, the implementation of policies relating to expenditure and the mandatory training of officers with duties that relate to the financial management of the organisation.

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

[4] The Amendment Act[1]provides that alterations to rules of an organisation for the purpose of making provision as required by the Amendment Act can be certified by the General Manager during a transition period which commenced on 29 June 2012. Any alteration to rules that is certified during the transition period, however, does not take effect until the date of certification or the commencement of Part 2 of Schedule 1 to the Amendment

Act, whichever occurs later. Part 2 of Schedule 1 to the Amendment Act commences on

1 January 2014.[2]

[2013] FWCD 9737

[1]See Item 38 of Schedule 1 to the Amendment Act.

[2]See Section 2 of the Amendment Act.

[5] In my opinion, the alterations comply with and are not contrary to the Fair Work (Registered Organisations) Act 2009 (the RO Act), the Amendment 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 RO Act as modified by item 38 of

Schedule 1 to the Amendment Act.

DELEGATE OF THE GENERAL MANAGER

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