Construction, Forestry, Maritime, Mining and Energy Union

[2020] FWCD 5565

[2020] FWCD 5565

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

(R2020/166)

MURRAY FURLONG MELBOURNE, 6 november 2020

Alteration of other rules of organisation.

1. On 9 October 2020 the Victorian District Branch (the District Branch) of the Mining and Energy Division of the Construction, Forestry, Maritime, Mining and Energy Union lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to the rules of the District Branch.

1. The particulars set out alterations to the following rules of the District Branch:

·  Rule 7 – Board of Management; and

·  Rule 10 – Finance and Property.

1. The alteration to sub-rule 7(C) and the insertion of new sub-rule 7(CA), respectively, enable meetings of the District Board of Management to be conducted in whole or part by telephone or by other electronic audio and/or visual means and provide a facility for the District Board of Management to pass resolutions outside of meetings.

1. The alterations to rule 10 appear to have been made to enable the District Branch to avail itself of the flexibility afforded by subsection 266(3) of the Fair Work (Registered Organisations) Act 2009 which provides that the full financial report of a reporting unit may be presented to the committee of management of the reporting unit if the rules provide a mechanism for a specified percentage of members to call for a general meeting to consider the report.

1. In his correspondence of 18 October 2020, Mr Geoffrey Dyke, District Secretary of the District Branch, confirmed that a copy of the agenda was included with the notice of the Board of Management meeting sent on 17 August 2020.

1. On the information contained in the notice, and the further correspondence of Mr Dyke, 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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