Construction, Forestry, Maritime, Mining and Energy Union

[2020] FWCD 1842

[2020] FWCD 1842

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

(R2020/43)

MURRAY FURLONG MELBOURNE, 14 APRIL 2020

Alteration of other rules of organisation.

1. On 31 March 2020 the South Western District Branch (the District Branch) of the Construction, Forestry, Maritime, Mining and Energy Union’s Mining and Energy Division lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to the District Branch rules. On 7 April 2020 the Commission received a supplementary declaration by Andy Davey, District Branch Secretary, correcting an error in the declaration of 31 March 2020.

1. The particulars set out alterations to:

   Rule 8 – District Branch Executive;
   Rule 10 – Finance and Property; and
   Rule 11 – Lodges.

1. The alterations provide for the office of Vice-President, Metalliferous to be filled on a part-time basis. The office will be full-time unless the Board of a Management determines to fill it on a part-time basis prior to the calling of nominations, or upon a written request by the holder of the office. The remaining alterations relate to the functions of Lodges of the District Branch, including Lodge members’ rights to vote on enterprise agreements applying at their workplace and the ability of Lodges to enter into agreements with employers.

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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