Construction, Forestry, Mining and Energy Union
[2017] FWCD 4043
•13 SEPTEMBER 2017
| [2017] FWCD 4043 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Construction, Forestry, Mining and Energy Union
(R2017/58)
| MURRAY FURLONG | MELBOURNE, 13 SEPTEMBER 2017 |
Alteration of other rules of organisation.
On 1 May 2017 the Construction and General Division of the Construction, Forestry, Mining and Energy Union lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to the rules of the Construction and General Division and Construction and General Divisional Branches.
The particulars set out alterations to rules 38, 40 and 42, which deal with Divisional Branch elections. The alterations update terminology to improve consistency, delete redundant transitional rules and make a number of practical changes to election procedures.
On the information contained in the notice, I am satisfied the alterations have been made under the rules of the organisation.
On 31 May 2017, David Noonan, Divisional Secretary, gave consent under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009, for me to make various amendments to the alterations for the purpose of correcting typographical, clerical or formal errors. Accordingly the following corrections have been made:
· In proposed rules 38(a)(vi), 38(h), 40(4)(g) and 42(q), the words “Divisional” and “Divisional Branch” have only been deleted where appearing before the words “Returning Officer”.
· Rules 40(2)(i)(c) and 40(2)(i)(d) have been deleted.
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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