CPSU, the Community and Public Sector Union

[2019] FWCD 845

[2019] FWCD 845

The attached document replaces the document previously issued with the above code on 27 March 2019.

Paragraph 6 has been amended to correct a typographical error.

Rebekah Hoath
Advisor

Dated 27 March 2019

[2019] FWCD 845

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

(R2018/316)

MURRAY FURLONG MELBOURNE, 27 MARCH 2019

Alteration of other rules of organisation.

1. On 19 December 2018 the SPSF Group of the CPSU, the Community and Public Sector Union lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules. Additional information regarding the transaction of alterations was provided on 13 February 2019.

1. The particulars set out alterations the following Chapter C – SPSF Group Rules:

1 – Interpretation

3 – Federal Council

4 – Federal Executive
7 – Branch Council
12 – Federal Officers
13 – Branch Officers
Part 3 – Elections and Appointments
15 – Elections
20 – Eligibility to Nominate
Part 3C – Collegiate Elections
32 – Timetable – Nominations and Voting
33 – Eligibility to Nominate
34 – Multiple Nominations – Collegiate Elections
37 – Roll of Voters
42 – Order to Declaration of Branch Elections
44 – Casual Vacancies
58 – Termination of Membership

1. The alterations to Rules 1 and 44 modify the title of the office of ‘Delegates to Federal Council’ to be ‘Federal Council Delegates’. 

1. The alterations to Rule 3 include Branch Representatives to Federal Executive as members of the Federal Council. Alterations also clarify that any reference to a delegate within Rule 3 is a Federal Council Delegate.

1. The alterations to Rule 4 clarify that the Federal Executive is comprised of the Federal Officers and a Federal Executive Representative from each Branch. Alterations further specify that the number of votes exercisable by a voting member of a Branch present at a Federal Executive meeting is the same as the number of votes exercisable by a Federal Council Delegate from that Branch at a Federal Council meeting. Alterations clarify that should the Federal President and all Federal Vice-Presidents be absent from a Federal Executive meeting a Branch Representative to Federal Executive may be elected to chair the meeting.

1. The alteration to Rule 58 clarifies that the termination of an unfinancial member’s membership also terminates any office that was held by that member. 

Federal Vice-President

1. The alteration to Rule 12 read in conjunction with the alterations to Rules 13 and 33 removes the requirement that that a Federal Vice-President shall be elected from each Branch and one be the Federal President. Instead, each Branch Secretary shall ex officio hold the office of Branch Vice-President, unless a Branch Secretary is elected as the Federal Secretary. In the case of the latter, the alterations to Part 3 and 3C clarify that a collegiate election from and by Branch Delegates to Federal Council is required. Alterations to Rule 15 clarify that when a Branch’s Secretary is elected to the office of Federal Secretary, then that Branch’s Federal Vice-President will be elect by and from Branch Councillors.

1. Alterations to Rule 33 also clarify that Federal Council Delegates from the Branch concerned are able to accept nominations for the office of Federal Vice-President if an election is required.

Elections

1. The alteration to Part 3 clarifies that a Branch Representative to Federal Council will now be elected via collegiate voting system by and from Branch Councillors rather than by and from the Branch Delegates to Federal Council.

1. The alterations to Rule 15 specify that the Branch Representatives to the Federal Council are elected by and from the Branch Council and not by and from Delegates to Federal Council. Alterations also specify that the Federal President is elected from members of the Federal Council, and is no longer restricted to being elected from only Federal Vice-Presidents.  

1. The alteration to Rule 20 inserts a new sub-heading ‘Nominees’ before the table which specifies how a nominee from each office must be nominated.

1. The alterations to Rule 32 specify that elections of Federal Council Delegates are to be conducted at the first meeting of the Branch Council. The number of Federal Council Delegates is to be as per Rule 3.2, with one position reserved for the Branch Secretary and one position to be elected as the Branch Representative to the Federal Executive and the remainder to be Delegates to Federal Council. Alterations also remove provisions for elections of Federal Vice-Presidents as each Branch Secretary will hold an office of Federal Vice-President ex officio. Alterations also specify that elections for Federal President shall be conducted after the completion of the election for Federal Council.

1. The alterations to Rule 33 clarify that nominations for a Branch Representative to Federal Executive can be accepted from the relevant Branch’s Delegates to the Branch Council. Alterations also specify that Federal Vice-Presidents and Branch Representatives to the Federal Executive are eligible to nominate for the position of Federal President. The number of nominators required for each position has also been clarified.

1. The alterations to Rule 34 specify that no person can simultaneously hold more than one of the Federal offices (Federal Secretary, Federal Vice-President, Branch Representative to Federal Executive and Delegate to Federal Council). Alterations also set out a hierarchy of offices and provides a process which applies once someone is elected to a higher office.

1. The alteration to Rule 37 clarifies each office and the electorate of members that may vote for that office. 

1. The alteration to Rule 42 modifies the rule heading and this rule now relates to Branch and Federal Office elections of the SPSF Group. The alterations also stipulate that the Returning Officer must conduct a colligate election for Federal Council Delegates and the order that Federal Council Delegate offices are to be declared. The alterations also clarify how preferences are to be allocated should a candidate be elected to a higher office but has also been nominated to a lower office.

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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