Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCD 1972

[2018] FWCD 1972

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

(R2017/272)

MURRAY FURLONG CANBERRA, 9 APRIL 2018

Alteration of other rules of organisation.

[1] On 13 November 2017 the South Western District Branch (the District Branch) of the Construction, Forestry, Maritime, Mining and Energy Union’s Mining and Energy Division (then the Construction, Forestry, Mining and Energy Union) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules. Further information regarding the transaction of the alterations was provided by the Mining and Energy Division on 22 March 2018.

[2] The particulars set out alterations to rules 3, 5, 7, 10 and 11.

[3] The alterations:

● Update the respective functions of the District Branch Secretary and Lodges relating to the District Branch’s financial and membership arrangements, including the collection of subscriptions, fees, fines and levies.

● Make changes regarding the administration of Lodges, including guidelines for the conduct of Lodge elections and for the Lodge Committee to determine the frequency of Lodge meetings.

● Allow the Board of Management to alter its composition in certain circumstances. The Board of Management determines the electorates for Lodge representatives from within three fixed Regions. If no nominations are received for a particular office of Lodge representative, the Board of Management can abolish that office and create a new one in its place. The new office must be from the same Region but can be elected by and from a different electorate. The newly created office expires at the same time as the office it replaces.

● Allow the Board of Management to make resolutions by various means other than by meeting in person.

● Insert a new object relating to the support of “bona fide charitable and other worthy causes”.

● Make minor and technical amendments, including updating terminology and references to legislation.

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

[5] 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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