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

[2013] FWCD 9728

[2013] FWCD 9728

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

(R2013/150)

MR ENRIGHT	MELBOURNE, 11 DECEMBER 2013
Alteration of other rules of organisation.

[1] On 2 December 2013, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to the rules of the New South Wales Divisional Branch of the Electrical, Energy and Services Division of the CEPU (the Divisional Branch Rules).

[2] The particulars provide for the insertion of new rules 5.4, 34.7 and 48 into the Divisional Branch Rules. These 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] The particulars also provide for amendments to rules 7.2, 7.4, 20.4, 22.9, 29, 34.2 and

38 of the Divisional Branch Rules. These alterations were not made for the purpose of
complying with, or relate to, the relevant provisions of the Amendment Act.

[4] On 5 December 2013, the Commission wrote to the CEPU seeking confirmation whether the requirements regarding quorum and notice set out in rule 19.2.4 of the Divisional Branch Rules and rule 13.4 of the rules of the Electrical, Energy and Services Division of the CEPU, respectively, were fulfilled during the New South Wales Divisional State Council meeting of 11 November 2013 in which the relevant rule alterations were approved.

[5] On 10 December 2013, the CEPU lodged a further declaration stating that the above

requirements were met during the New South Wales Divisional State Council meeting of 11
November 2013.

[6] On the information contained in the notice, and the further declaration lodged on 10 December 2013, I am satisfied the alterations have been made under the rules of the organisation.

[2013] FWCD 9728

[7] The Amendment Act[1]provides that an “eligible alteration” of the rules of an organisation can be certified by the General Manager during a transition period which commenced on 29 June 2012. Any such 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]

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

[2]See Section 2 of the Amendment Act.

[8] However, as noted above, the notice of particulars lodged in this matter contain several alterations to the Divisional Branch Rules which were not made in compliance with, or relate to, the relevant provisions of the Amendment Act. As such, the alterations, taken as a whole, do not constitute an “eligible alteration” for the purposes of item 38(3) of Schedule 1 of the Amendment Act as it cannot be said that their “only purpose” is to comply with the relevant provisions of the Amendment Act. Therefore, as item 38(2) of Schedule 1 of the Amendment Act will not apply in this instance, the alterations will take effect on the same date as they are certified rather than the later date of 1 January 2014.

[9] 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. The alterations will take effect on

the same date as this decision.

DELEGATE OF THE GENERAL MANAGER

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