Construction, Forestry, Mining and Energy Union
[2018] FWCD 801
•16 FEBRUARY 2018
| [2018] FWCD 801 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Construction, Forestry, Mining and Energy Union
(R2017/191)
| MURRAY FURLONG | MELBOURNE, 16 FEBRUARY 2018 |
Alteration of other rules of organisation.
On 15 August 2017 the Construction and General Division (the Division) of the Construction, Forestry, Mining and Energy Union lodged with the Fair Work Commission a notice and declaration setting out particulars of an alteration to the organisation’s rules.
The particulars set out an alteration to Rule 32 of the rules of the Division and its associated Divisional Branches
The alteration relates to the payment of contributions, levies and other monies that are owed to the organisation by its members under the rules, via direct debit or payroll deduction.
The alterations were transacted on 22 June 2017. Regulation 126 of the Fair Work (Registered Organisations) Regulations 2009 relevantly provides:
(1) For subsection 159(1) of the Act, if an alteration of the rules (other than the eligibility rules) of an organisation is made, the organisation, within 35 days after the alteration is made, or within any additional period the General Manager allows, must:
(a) lodge with the FWC a notice setting out the particulars of the alteration; and
(b) if the organisation has a web site—publish on its web site a notice that the notice mentioned in paragraph (a) has been lodged.
(2) …
(3) The General Manager may refuse to certify, under subsection 159(1) of the Act, an alteration of the rules unless this regulation is complied with.
The alterations were lodged nearly three weeks after the prescribed period ended. A notice was placed on the union’s website on 14 August 2017, a period similarly beyond the period prescribed for doing so. The Division submitted that these omissions occurred due to administrative error and requested extensions of time to both lodge the application and place the notice.
Regulation 126(1) confers a discretion to allow any additional period to lodge the notification and/or place a notice on an organisation’s website. The granting of an additional period is not as of right. It is incumbent on registered organisations to comply with the obligations set down in the Fair Work (Registered Organisations) Act 2009 (the Act).
The proposed alteration is non-contentious and in the interests of members. The Division’s past record of compliance with Regulation 126 is sound. For these reasons I will allow the further periods until 14 August and 15 August 2017 for the placement of the notice and lodgement of the alterations respectively. However, I remind the Division that compliance with statutory requirements is essential to the proper functioning of registered organisations and I urge it to ensure that future rule alterations are lodged with the Commission and the required notice is published on the organisation’s website in a timely manner.
On the information contained in the notice, I am satisfied the alterations have been made under the rules of the organisation.
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
Printed by authority of the Commonwealth Government Printer
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