Community and Public Sector Union
[2012] FWA 4807
•8 JUNE 2012
[2012] FWA 4807 |
|
DECISION |
Fair Work (Registered Organisations) Act 2009
s.158(1) RO Act—Rules of organisations
Community and Public Sector Union
(D2010/5003)
SENIOR DEPUTY PRESIDENT KAUFMAN | MELBOURNE, 8 JUNE 2012 |
Application for consent to alter eligibility rules.
[1] On 9 May 2012 in matter D2011/2510 I consented to the alteration of the eligibility rules of the Community and Public Sector Union in deleting certain exclusions that precluded certain persons employed as officers of the Western Australian Prison Service being eligible to be members of the CPSU.
[2] This application seeks the consent of Fair Work Australia to the alteration of the rules of the CPSU to render eligible for membership certain persons employed within private prisons or private correctional facilities in the State of Western Australia, as well as persons employed in certain other entities:
- Racing and Wagering Western Australia;
- Vocational and like training providers;
- Entities undertaking or performing work in connection with traffic law detection, prosecution and enforcement, or the collection or enforcement of other court orders;
- Entities undertaking work in connection with driver learner training and other vehicle related functions.
[3] I note that the industry rule in Chapter A, Rule 3, Part II, Section 1(B)(5) has also been altered to reflect the change to the eligibility rule.
[4] The Western Australian Prison Officers’ Union, Australian Municipal, Administrative, Clerical and Services Union, and the Australian Manufacturing Workers’ Union objected to the proposed alteration to the eligibility rule.
[5] The CPSU and the ASU and the AMWU respectively entered into agreements whereby the ASU and the AMWU would withdraw their objections. This they have done. The agreements between the CPSU and each of the ASU and AMWU were tendered as exhibits.
[6] A minute of proposed consent orders incorporating agreed restrictions to the proposed rule in the initiating application was also tendered and is appended to this decision.
[7] By agreement between the CPSU and the WAPOU, the latter was to withdraw its objection upon the alteration made in matter D2011/2510 becoming effective. That occurred on 16 May 2012 and on 22 May 2012 the WAPOU withdrew its objection.
[8] Fair Work Australia has a discretion under the Fair Work Registered Organisations Act 2009 to refuse to consent to the alteration of the eligibility rules for a number of reasons. 1 As the abovementioned issue has now been resolved, there are no issues that would give me cause to not consent to this application.
[9] I am satisfied that the change or alteration has been made under the rules of the CPSU as required by s.158(2) of the Act.
[10] There are no other grounds that would cause me to refuse to consent to the application.
[11] In the circumstances, I consent to the proposed alteration to the CPSU’s eligibility rules.
[12] Pursuant to s.158(9) of the Act the alterations will come into operation from 13 June 2012.
SENIOR DEPUTY PRESIDENT
APPENDIX
1 Section 158(6)-(8) of the FWRO Act
Printed by authority of the Commonwealth Government Printer
<Price code A, PR524816>
0
0
0