Construction, Forestry, Maritime, Mining and Energy Union

[2020] FWCD 6687

[2020] FWCD 6687

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Construction, Forestry, Maritime, Mining and Energy Union

(R2020/212)

MURRAY FURLONG MELBOURNE, 22 DECEMBER 2020

Alteration of other rules of organisation.

1. On 2 December 2020, the Construction and General Division of the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to the rules of the Construction and General Division of the CFMMEU (the Divisional Rules).

1. The particulars set out alterations to the following Divisional Rules:

·  9 – Divisional Executive;

·  38 – Divisional Branch Elections;

·  42 – Divisional Branch Management Committee; and

·  45 – Divisional Branch Trustees.

1. The alterations affect the date that persons holding offices and non-office positions in the Division and the Divisional Branches commence and cease office. The Divisional Rules currently provide that the successful candidates in direct elections for offices and non-office positions commence office on 2 January. The successful candidates for the offices on the Divisional Executive (who are elected via a collegiate electoral system) commence office on 15 October in an election year. Elections within the Division are held quadrennially.

1. The recent delay in the conduct of holding the above elections due to the impact of the COVID-19 pandemic means that the above timetable may not be achievable.

1. The alterations in the present matter have apparently been made in contemplation of this issue and have the following effects:

·  Changing the day that the successful candidates in an election commence office from a fixed date (2 January or 15 October) to a specified day following the declaration of their election;

·  Providing for the potential shortening of the terms of offices and non-office positions of a Divisional Branch (including Delegates to Divisional Conference) in the event that the result of the relevant election is declared after 2 January; and

·  Explicitly providing the incumbent holders of offices and non-office positions of a Divisional Branch will “hold over” office in the event that the results of the relevant election are declared after 2 January.

1. On the information contained in the notice, 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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