Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCD 7736

[2018] FWCD 7736

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

(R2018/310)

MURRAY FURLONG MELBOURNE, 21 DECEMBER 2018

Alteration of other rules of organisation.

1. On 17 December 2018 The Maritime Union of Australia Division of the  Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to the rules of The Maritime Union of Australia Division of the CFMMEU (the Divisional Rules).

1. The particulars set out alterations to the following Divisional Rules:

·        Rule 22 – Monthly Divisional Branch General Meetings of Members of the          Division;

·        Rule 45 – Nominations;

·        Rule 47 – Election Procedures.

1. The alteration to rule 22(a) will provide flexibility regarding the commencement and conclusion of Monthly Divisional Branch General Meetings.

1. The alteration to rule 45(a) will alter the dates for the opening and closing of nominations for the quadrennial election of the offices set out in rule 43. Nominations for those offices will open on 25 February and close on 25 March in an election year (the existing rule provides that nominations shall open and close on 6 March and 6 April respectively).

1. The effect of the alteration to rule 47(e) will be that any ballot paper received by the appointed Returning Officer after 5.00 PM on 19 June will still be counted for the purposes of the election provided that any such ballot paper bears a post mark dated no later than 14 June.

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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