Construction, Forestry, Maritime, Mining and Energy Union
[2020] FWCD 2254
•5 May 2020
| [2020] FWCD 2254 |
| 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
(R2020/37)
| MURRAY FURLONG | MELBOURNE, 5 May 2020 |
Alteration of other rules of organisation.
On 16 March 2020 the Construction, Forestry, Maritime, Mining and Energy Union - Manufacturing Division (the CFMMEU) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules.
The particulars set out alterations to the following CFMMEU Rules:
Division Rule 9 – Divisional Executive
Division Rule 14 – Funds and Property
The alterations to Rule 9 will enable the Divisional Executive to establish working parties or committees which are subject to directions from the Divisional Executive. The alterations also reduce the number of required meetings of the Divisional Executive from six to three in each calendar year. This alteration raised questions as to whether this is consistent with the standards set out in section 5 of the Fair Work (Registered Organisations) Act 2009 (the Act) and if so, whether the alteration might be contrary to section 142 of the Act.
As part of the lodgement materials, the CFMMEU submitted:
This does not restrict the number of meetings that can be held each year, and the Divisional Executive is still free to hold more than three meetings each year if needed. The change simply allows greater flexibility in scheduling meetings so that the Divisional Executive is not forced to hold additional unnecessary meetings merely for the purpose of compliance with the rules.
This submission satisfies me that the alteration is not contrary to section 5 of the Act.
The alterations to Rule 14 abolish the Divisional Budget Administrative Committee and remove the requirement of the advice of this abolished Committee to be considered by the Divisional Executive when approving budget/s for the Division. This alteration also raised questions as to its consistency with the standards set out in section 5 and subsequently whether it is contrary to section 142 of the Act. As part of the lodgement materials, the CFMMEU submitted:
The abolition of the Divisional Budget and Administrative Committee is not oppressive, unreasonable or unjust. Previously under the rules the committee has consisted of the Divisional Officers and the full time District Secretaries. These officeholders also sit on the Divisional Executive. The role of the Divisional Budget and Administrative Committee providing advice to the Divisional Executive is redundant as it reflects a duplication of responsibilities. In the effect it meant a group of elected officeholders were advising themselves on budget and administrative matters. The abolition of the committee is a rationalisation of the internal structure and operations of the Division. In response to removing this specific committee under the rules – a new rule has been introduced giving the Divisional Executive the broader power to establish working parties and committees. The overall effect is that the Divisional Executive will have greater flexibility to establish advisory bodies on a needs basis rather than continue with a redundant body merely for the sake of compliance with the rules.
This submission also satisfies me that the alteration is not contrary to section 5 of the Act.
On the information contained in the notice, I am satisfied the alterations have been made under the rules of the organisation.
In my opinion, the alterations comply with and are not contrary to the 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 Act.
DELEGATE OF THE GENERAL MANAGER
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