Construction, Forestry, Mining and Energy Union

[2017] FWCD 4690

[2017] FWCD 4690

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Construction, Forestry, Mining and Energy Union

(R2017/113)

MURRAY FURLONG MELBOURNE, 8 NOVEMBER 2017

Alteration of other rules of organisation.

1. On 9 June 2017 the Northern Mining and NSW Energy District Branch (the District Branch) of the Construction, Forestry, Mining and Energy Union’s Mining and Energy Division lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to the rules of the District Branch.

1. The particulars set out alterations to District Branch Rules 7, 8, 11 and 12.

1. The alterations affect the power of the District Branch’s Board of Management to make resolutions. Sub rule 7(iv) of the current District Branch rules sets out a process for the endorsement of Board of Management decisions by members of Lodges of the District Branch. Once endorsed by Lodges, Board of Management resolutions become binding policy of the District Branch. The alterations to rule 7(iv) provide that the Board of Management can determine which resolutions are considered for endorsement by Lodges. New sub rule 12(d) provides, in part, that the provisions of rule 7(iv) do not apply to alterations of the rules of the District Branch. New sub rule 7(v)(j) adds to the list of powers and duties of the Board of Management the power to make changes to the District Branch rules. The effect of the alterations is to give the Board of Management a clear power to make binding resolutions, including resolutions to alter the District Branch rules, without endorsement by District Lodges. The remaining alterations make minor technical amendments to various rules.   

1. Regulation 126(1)(b) of the Fair Work (Registered Organisations) Regulations 2009 requires the organisation to publish a notice on its web site within 35 days of the alterations being made that the alterations have been lodged with the Commission. A notice of the proposed alterations appears on the web site, but it does not state that the alterations have been lodged with the Commission. During discussions with Commission staff, the District Branch Secretary Grahame Kelly indicated that the District Branch had not been aware of the relevant distinction. Although regulation 126(1)(b) was not strictly complied with, I note that the members of the District Branch considered and approved the alterations in accordance with Rule 7. Members were therefore made aware of the proposed alterations and could subsequently ascertain that they had been lodged.

2. For this reason I have determined that I will not refuse to certify the alterations for want of compliance with the regulation. However, I wish to draw to the attention of the District Branch the requirements of regulation 126(1)(b).

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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