Construction, Forestry, Maritime, Mining and Energy Union

[2020] FWCD 429

[2020] FWCD 429

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

(R2019/165)

MURRAY FURLONG MELBOURNE, 3 February 2020

Alteration of other rules of organisation.

1. On 20 December 2019, the Queensland 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 8 – Board of Management;

·  Rule 9 – District Branch Executive; and

·  Rule 10 – Additional Offices.

1. The effect of the alterations to rule 8 include clarifying that the Division representatives on the District Branch Board of Management will be elected by and from the membership allocated to the relevant Division, changing the quorum requirement for a meeting of the Board of Management and clearly indicating that a member or Lodge of the District Branch subject to disciplinary proceedings may have further rights of appeal afforded to them pursuant to the rules of the Mining and Energy Division and the Construction, Forestry, Maritime, Mining and Energy Union as a whole.

1. The alterations to rule 9 provide a mechanism for the Board of Management to fill an Executive Officer position by appointment of an eligible member in the event that an extraordinary vacancy occurs. Given the effect of existing sub-rule 10(h), this provision will also apply to District Union Inspectors and District Branch Central Councillors. These alterations appear to be consistent with section 146 of the Fair Work (Registered Organisations) Act 2009.

1. The alterations to rule 10 clarify that District Union Inspectors will be paid an amount of remuneration determined by the District Branch Board of Management.

1. Finally, I note that the alterations to each of the above rules provide that an eligible member may only nominate for one office/position within the District Branch at any time.

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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