Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCD 6322

[2018] FWCD 6322

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

(R2018/253)

MURRAY FURLONG MELBOURNE, 15 OCTOBER 2018

Alteration of other rules of organisation.

1. On 4 October 2018, the Manufacturing 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 Manufacturing Division of the CFMMEU (the Divisional Rules).

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

·  Rule 32(b)(iii) – the practical effect of this alteration is that the qualifications regarding periods of financial membership in order to be eligible to nominate for the various offices currently set out in that sub-rule will not apply for the purposes of the scheduled elections due to be held this year. However, this will be subject to the qualifications currently set out in sub-rule 44(xi);

·  Rule 44(x)(3)(e) – this alteration involves an amendment to rule 44 which was inserted into the Divisional Rules as a result of the recent amalgamation with the Textile, Clothing and Footwear Union of Australia. Rule 44 provides that various offices established therein will be subject to an election this year including the office of NSW District Assistant Secretary. The effect of the alteration is that the office of NSW District Assistant Secretary will not be subject to an election this year and, thus, there will be no such office after the term of the current holder of that office ceases on 1 January 2019.

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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