Construction, Forestry, Maritime, Mining and Energy Union

[2019] FWCD 7521

[2019] FWCD 7521

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

(R2019/113)

MURRAY FURLONG MELBOURNE, 4 NOVEMBER 2019

Alteration of other rules of organisation.

1. On 22 August 2019 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 its rules.

1. The particulars set out alterations to Mining and Energy Divisional Rules 8, 10, 11 and 19.

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

1. The alteration to Rule 8 is a grammatical change.

1. A number of alterations to Rule 10 have been made.

1. Sequentially, the first is grammatical.

1. The next changes the way that the three Divisional Vice-Presidents come to hold office. Presently the Vice-Presidents are elected by and from the Mining and Energy Division’s Central Council. Under the proposed rules, the District Branch Presidents of the three largest Divisional Branches will hold the office of Divisional Vice-President ex officio.

1. The third change clarifies the circumstances where the Divisional General Secretary may authorise the payment of expenses.

1. The final changes clarify the circumstances in which the Divisional seal will be used and greenfields agreements can be made.

1. The alteration to Rule 11 allow the Central Executive of the Division to make loans, grants or donations between meetings of the Division Central Executive.

1. Rule 19 has been altered because of the alterations to Rule 10. The current Vice-Presidential election provisions have been deleted from Rule 19. In their place a methodology to determine the three largest Divisional Branches has been inserted. The alterations also specify that the current, elected, Vice-Presidents hold office for the remainder of their terms.

1. On 22 August 2019 Grahame Kelly, Mining and Energy Division General Secretary gave consent, under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009, for the Delegate to an amendment to the alterations for the purpose of correcting a typographical, clerical or formal error. Accordingly, the following correction has been made:

   ·   In proposed rule 10(1)(c) the expression Vice-Presidents was erroneously altered to Vice-President. The expression Vice-Presidents has been restored.

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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