[2015] FWCD 4588
DECISION
| Fair Work (Registered Organisations) Act 2009 | |
| s.159—Alteration of other rules of organisation | |
| Construction, Forestry, Mining and Energy Union | |
| (R2015/19) | |
| MR ENRIGHT | MELBOURNE, 6 AUGUST 2015 |
| Alteration of other rules of organisation. |
[1] On 10 February 2015, the Construction, Forestry, Mining and Energy Union
(CFMEU) lodged with the Fair Work Commission (Commission) a notice and declaration
setting out particulars of alterations to the rules of the CFMEU.
[2] The particulars provide for the insertion of new rule 26A into the rules of the CFMEU
in the following terms:
“26A Complaints by Members
1. Any financial member of the Union may raise a complaint over the actions of
another member or members (including officers).
2. The complaint may be about a member or members:
a. refusing to obey the rules of the union; b. refusing to obey a policy of the union; c. refusing to abide by a resolution carried at a properly constituted meeting of a management committee which has relevant control or
management over the member;
d. obstructing any properly constituted meeting of a management committee;
e. obstructing any officer or employee of the union in the course of his/her duties;
f. Misappropriation of the funds of the union; g. engaging in gross misbehaviour; h. engaging in gross neglect of duty;
[2015] FWCD 4588
i. wrongfully and unreasonably holding out that he or she holds an office
or position in the union;
j. making a false charge or complaint against a fellow member, including a complaint under this rule; or
k. aiding or encouraging any other member or members in any of the matters referred to above.
3. Members shall not subject a member who has made a complaint under this rule
to adverse treatment.
4. The complaint must be raised in writing to the National Secretary. The
complaint must clearly identify the member or members the subject of the
complaint and the relevant action or actions that gave rise to the complaint. If
the complaint is about the conduct of the National Secretary then the complaint
may be raised with another National Officer.
5. The National Secretary (or if another National Officer receives the complaint,
that National Officer) and at least one of the National Assistant Secretary or
National President may refuse to accept a complaint if he or she considers the
complaint to be trivial.
6. The National Secretary must refer the complaint to the National
Executive Committee for the purpose of appointing an Investigator.
7. The National Executive Committee shall appoint an Investigator.
The Investigator must be a member of the National Executive. The Investigator
must not be an officer from the same Division as the member or members the
subject of the complaint.
8. The Investigator shall investigate the complaint and provide a report to
the National Executive Committee.
9. During the course of the investigation the Investigator may:
a. interview members or officers for the purpose of the investigation, and b. require members or officers to provide documents relevant to the
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