CPSU, the Community and Public Sector Union

[2019] FWCD 4602

[2019] FWCD 4602

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

CPSU, the Community and Public Sector Union

(R2019/49)

MURRAY FURLONG MELBOURNE, 19 August 2019

Alteration of other rules of organisation.

1. On 6 May 2019 the CPSU, the Community and Public Sector Union (the Union) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to their Chapter A Rules. Further submissions in support of the application were received on 1 and 2 July 2019.

1. On the information contained in the notice and further submissions, I am satisfied the alterations have been made under the rules of the organisation.

1. The particulars set out alterations to Rules

   16 – Voting – National Officers Committee
   17 – Meetings of National Officers Committee
   28 – Financial Disclosure Obligations.

1. The alterations to Rule 16 amend the voting rights of SPSF Group National Officers Committee (NOC) members. This is achieved by changing references to certain office bearers of the SPSF Group to a broader reference of each member of the NOC representing the SPSF Group. The Federal Secretary is also now included alongside the Federal President and Vice-President as officers allocated exercisable votes. The number of votes allocated to the SPSF Group has not changed, nor has the proportion of votes attributed to either the PSU or SPSF Groups.

1. Rule 17 has been altered to reduce the number of NOC meetings required in any calendar year from four to two. The alterations to Rule 17 also make consequential amendments to enhance the powers to call additional meetings of the NOC if required, and include a new sub-rule pertaining to minute books as required under the current legislation.

1. The alterations to Rule 28 amend the financial disclosure responsibilities of NOC officers. This change has been made to reflect the statutory disclosure and training requirements that have been incorporated within the Fair Work (Registered Organisations) Act 2009 since 2017.

2. 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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