CPSU, the Community and Public Sector Union

[2015] FWCD 827

[2015] FWCD 827

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
CPSU, the Community and Public Sector Union
(R2014/315)
MR ENRIGHT	MELBOURNE, 16 FEBRUARY 2015
Alteration of other rules of organisation.

[1]        On 10 December 2014, the CPSU, the Community and Public Sector Union lodged

with the Fair Work Commission a notice and declaration setting out particulars of alterations

to the rules of the CPSU, the Community and Public Sector Union.

[2]        The particulars delete and then replace Chapter C of the CPSU rule book. Chapter C

forms the rules of the SPSF Group of the CPSU (the Group). The SPSF Group has

undertaken a substantial re-write of its rule book, including a concerted reorganisation of the

content of the rules, a conscious step towards plain English and gender-inclusive language,

and a modernisation of processes.

[3]        The alterations to the rules of the Group include synchronising elections to a four year

cycle, introducing a minimum qualifying financial membership period of one year for the

Federal Secretary, and change the way the number of delegates from each Branch to Federal

Council is calculated. These changes to the democratic functioning and control of the

organisation have transitional provisions so that they take effect from the 2016 elections,

thereby avoiding any truncation or extension of office. Additionally the alterations to the

eligibility criteria for the office of Federal Secretary provide that it will not take effect unless

‘sufficient time to enable a nominee for election to the office of Federal Secretary to meet the

requirements of Rule 15.1’ have passed after the certification of these rules, ensuring that all

current members of the organisation have sufficient time to satisfy the new one year financial

membership requirement.

[4]        The alterations among other things allow for the quorum to include people attending

by electronic means, provide more flexibility over the manner of holding meetings, sending

notice, and the business of meetings and include amendments as to who is able to be

appointed a proxy. The alterations include changes about when the Group can become

involved in state proceedings, shorten the time frames for ballots to alter the rules and remove

the electorates for health and higher education from the Group rules while allowing Branches

to establish these within their own rules if they wish. They also elucidate more specific

powers to manage the Federal and Branch Funds, explicitly providing that the Federal

Council and the Branch Council have the powers to do such things as buy, sell, rent or lease

property, enter into contracts or mortgages and establish companies or trusts.
[2015] FWCD 827

[5]        I observe that, despite the substantial alterations to Chapter C, the resolution passed by

the Group specifically noted ‘that Schedule B - WAPOU Branch is the same text as the

current rule’. As such the resolution indicated that there was no changes whatsoever to the

content of Schedule B. Schedule B sets out the rules of the Group’s WAPOU Branch. The

rules of the organisation to alter Group rules expressly exclude the ability to alter SPSF Group

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Branch Rules; that power is reserved for the respective branches.

[6]        However, an examination of the notification demonstrated that the particulars did

show two minor changes to the Rules of the WAPOU Branch. Schedule B Rule 25 purported

to have two rule references that had been updated to reflect the new numbering of Chapter C.

I find, based upon the wording of the resolution that acknowledges the limitations on the rule

altering powers of the organisation, that these two changes were not intended, or able, to be

made by the organisation through the process employed to transact the current alterations. It

appears that the organisation believed Schedule B contained the ‘same text’ as prior to

making the alterations. These two purported changes are therefore not alterations that have

been made by the organisation and lodged with the Commission in accordance with the Fair

Work (Registered Organisations) Act 2009 (the RO Act). As they are not alterations they are

not able to be certified in this decision. Should the Branch wish these changes it will need to

commence its own rule alteration in accordance with the established rule altering procedure.

[7]        On the information contained in the notice, I am satisfied the alterations have been

made under the rules of the organisation.

[8]        On 9 February 2015, the Commission received consent under subsection 159(2) of the

RO Act from Karen Batt, Joint National Secretary of the CPSU and Federal Secretary of the

Group, for the Delegate to make various amendments to the alterations for the purpose of

correcting typographical, clerical or formal errors. Accordingly the following corrections have

been made:

 Proposed Rule 1.1: contained an incorrect comma in 'Act' which has been removed;

 Proposed Rule 3.9(f) contained the word 'days' twice. The first instance has been

removed;

 Proposed Rules 3.10(c), 4.5(j), 7.4(i) and 24.4(b)(i) contained a rule number or

relevant 'rule' that has been bolded;

	Proposed Rule 4.2(b)(i) has had a comma inserted between (iii) and (iv);
	Proposed Rule 6.1(j) has had a semi-colon ';' replaced with a full colon ':';
	Proposed Rule 7.4(d) has had the word 'member' made plural;
	Proposed Rule 8.3(a) contained two full stops, the second has been removed;
	Proposed Rule 10.3 has had the words 'Federal Council' removed;

 Proposed Rule 10.4 has had the word 'an' inserted before 'Industry' in the final

sentence;

	Proposed Rules 12.2(b)(v) and (vi) contained the word 'such' in error and it has been
removed;
	Proposed Rule 13.2 contained an incorrect comma that has been removed;
	Proposed Rule 13.4(a)(ii) had a ', or' at the end replaced with a full stop;
	Proposed Rule 14.6 has had a comma inserted between Rule 14.1 (b) and the (c) to
clarify that it was two separate sub-rules;

[2015] FWCD 827

	Proposed Rule 14.6(a) had an incorrect comma after 'or' which has been removed;
	Proposed Rule 16.12 stated 'Rule 16.10, and 16.7(c)'. The 'and' has been corrected to
an 'or';
	Proposed Rule 17.7(b) referred to 'Rule 16.13', however as rule 16 ceases at 16.12 this
has been corrected to read 'Rule 16.12';
	Proposed Rule 21.6(b) ended on a full stop that has been removed;
	Proposed Rule 24.2(d)(i) stated '24.5(c) and 24.6(c)'. The 'and' has been corrected to
an 'or';
	Proposed Rule 24.4(b)(ii) stated 'personal interest acquired,.' The comma has been
removed; and
	Proposed Rule 33.13 stated 'Federal Council of Federal Executive'. The 'of' has been
corrected to an 'or'.

[9]        In my opinion, the alterations comply with and are not contrary to the RO Act, 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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<Price code A, PR560697>

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CPSU Chapter A, Rule 15(d).