Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCD 7005

[2018] FWCD 7005

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

(R2018/268)

MURRAY FURLONG MELBOURNE, 19 NOVEMBER 2018

Alteration of other rules of organisation.

1. On 26 October 2018, the Construction and General Division of the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to the rules of the Construction and General Division of the CFMMEU (the Divisional Rules).

1. The particulars set out alterations to rule 38 of the Divisional Rules. The essential effect of the alterations is that the qualifications for nominating for an office within a Divisional Branch set out in rule 38 will not apply or will be modified with respect to members attached to the SA Divisional Branch for the purposes of the scheduled elections to be held in 2020 and any prior election to fill a casual vacancy arising.

1. On 16 November 2018, a further statutory declaration made by Mr David Noonan, Divisional Secretary, and dated 15 November 2018 was filed with the Commission. In that statutory declaration, Mr Noonan provided details regarding the notice given of the meeting of the Divisional Executive held on 24 October 2018 during which the alterations were made.

1. On the information contained in the notice, and the further statutory declaration of Mr Noonan dated 15 November 2018, 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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