Construction, Forestry, Maritime, Mining and Energy Union

[2020] FWCD 1362

[2020] FWCD 1362

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

(R2020/33)

MURRAY FURLONG MELBOURNE, 18 MARCH 2020

Alteration of other rules of organisation.

1. On 13 March 2020 the Northern Mining and NSW Energy 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 an alteration to the rules of the District Branch.

1. The particulars set out the insertion of new rule 13 into the District Branch Rules. The effect of that new rule is that the office of District Vice-President (B) will be abolished upon certification of the alteration. Rule 8(i)(a) establishes five offices of District Vice-President (District Vice-Presidents (A) to (E)).

1. In his declaration dated 13 March 2020 and filed with the notice of particulars, Mr Shane Thompson, District Secretary, provides some background to the alteration in the present matter. More specifically, he advises that he previously held the office of District Vice-President (B) but that it has been vacant since November 2017 when he subsequently became District Secretary. The District Branch Board of Management determined earlier this month that it did not wish to fill the office and its term will expire on 30 June 2020. Further, in accordance with the District Branch Rules, quadrennial elections for office will shortly be conducted with nominations expected to open on 6 April 2020.

1. New rule 13 further provides that the District Branch Board of Management may subsequently re-establish the office of District Vice-President (B) but not before 1 January 2021. If the Board of Management resolves to re-establish the office then it will be filled by an election conducted in accordance with the District Branch rules and the term of the holder of that office will cease no later than the term of office of the other District Executive Officers.

1. On the information contained in the notice, I am satisfied the alterations have been made under the rules of the organisation.

1. On 13 March 2020, Mr Thompson gave consent, under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009, for the Delegate to make an amendment to the alteration for the purpose of correcting typographical, clerical or formal error. Accordingly the following correction has been made:

·   The word “re-established” as it appears in the second paragraph has been omitted and replaced with the word “re-establish”.

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

Printed by authority of the Commonwealth Government Printer

< PR717486>