Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCD 4182

[2018] FWCD 4182

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

(R2018/107)

ailsa carruthers MELBOURNE, 15 AUGUST 2018

Alteration of other rules of organisation.

1. On 7 May 2018 the Western Australia District (the District Branch) of the Construction, Forestry, Maritime, Mining and Energy Union’s Mining and Energy Division 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 rules 3, 4, 5, 6,7, 8, 10, 12 and 13.

1. The alterations:

·  insert a new object relating to the support of “bona fide charitable and other worthy causes”;

·  update rules governing the payment of membership fees, removing references to “half members” and updating rules providing for benefits of membership to continue where the member is on unpaid parental leave;

·  provide for matters to be submitted to the Board of Management for an electronic vote outside of meetings;

·   insert the word “District” in the titles of the Executive President, Vice-President and Secretary, however the alterations do not affect the functions of any of those offices;

·  update rules regarding the meetings of the District branch Executive, allowing meetings by phone and votes by email;

·  update rules governing the District Branch’s funds;

·  update rules regarding Lodges, including the management of Lodges and the duties of the Lodge Committee;

·  update sub rule cross referencing in the District Branch’s rule altering procedure, clarifying that the endorsement process of Board of Management decisions by Lodges does not apply; and

·  make other minor and technical amendments including replacing gender-specific terminology and updating rules to reflect changes to the legislation.

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

1. On 11 July, Greg Busson, District Secretary, gave consent under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009 (the Act), for the Delegate to make amendments to the alterations for the purpose of correcting typographical, clerical or formal errors. Accordingly the following corrections have been made:

·  renumbering the sub rules following sub rule 12(v) to enable them to be in numerical order from 12(vi) to 12(ix) instead of 12(vii) to 12(x).

1. In my opinion, the alterations comply with and are not contrary to the Act, 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 Act.

DELEGATE OF THE GENERAL MANAGER

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