CPSU, the Community and Public Sector Union

[2013] FWCD 9988

[2013] FWCD 9988

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
CPSU, the Community and Public Sector Union
(R2013/125)
MR ENRIGHT	MELBOURNE, 19 DECEMBER 2013
Alteration of other rules of organisation.

[1] On 11 October 2013, the CPSU, the Community and Public Sector Union lodged with

the Fair Work Commission a notice and declaration setting out particulars of alterations to
Chapter A of the rules of the CPSU, the Community and Public Sector Union.

[2] The particulars provide for the insertion of new rule 28 into the rules of the organisation. The alterations were made for the purpose of complying with provisions of the

Fair Work (Registered Organisations) Amendment Act 2012 (the Amendment Act) regarding

the rules of registered organisations. In particular, the alterations provide for specified disclosures and the mandatory training of officers with duties that relate to the financial management of the organisation.

[3] On the information contained in the notice, I am satisfied the alterations have been made under the rules of the organisation.

[4] The rules incorporate some of the requirements of the Amendment Act. However, for the following reasons, it is my view that the rules will not meet all of the requirements of the

Fair Work (Registered Organisations) Act 2009 (the RO Act) once the amendments become

operational on 1 January 2014.

[5] From 1 January 2014, section 141(1)(c) of the RO Act will mandate that the rules of an organisation must require the organisation to develop and implement policies relating to the expenditure of the organisation. As the alterations do not provide for these policies, the rules do not meet the requirements of section 141(1)(c).

[6] From 1 January 2014, sections 148A(1), 148A(4), 148B(1) and 154D(1) of the RO Act will mandate that the rules of an organisation must require certain disclosures by and about each officer of the organisation and their training. The definition of officer in the RO Act is contained within section 6. This definition is to be read in conjunction with section 9, the definition of ‘office’, which includes any office of a branch of an organisation (my emphasis). Sub-rules 28(b), 28(d)(i) and 28(e)(i) provide for disclosures and training by ‘each officer of the National Officers Committee’ and sub-rule 28(d)(iii)(a) provides for the disclosure of the identity of the ‘officers who are the national officers Committee’s five highest paid...’ Limiting the disclosures and training to officers of the National Officers Committee does not include all the officers of the organisation. Further proposed rule 28(c)(x)

[2013] FWCD 9988

defines officer by reference to rule 11, such that the officers are just the two Joint National Secretaries and the two Joint National Presidents. Consequently sub-rules 28(b), 28(d)(i), 28(d)(iii)(a) and 28(e)(i) do not meet all the of the requirements of sections 148A(1), 148B(1) and 154D(1).

[7] From 1 January 2014, section 148A(1)(a)(ii) of the RO Act will mandate that the rules of an organisation must require the disclosure, by each officer of the organisation, of any remuneration paid to the officer because the officer is a member of a Board, if the officer was nominated for the position of member of the Board by, among others, a branch. As sub rule 28(d)(i)(a)(ii) omits a reference to branch, the rule will not meet all of the requirements of section 148A(1)(a)(ii).

[8] From 1 January 2014, section 148A(4) and 148B(4) of the RO Act will mandate that the rules of an organisation must require the disclosure of certain information by the organisation to its branches. As sub rules 28(d)(iii) and 28(e)(iii) omit a reference to branches, the rule will not meet all of the requirements of sections 148A(4) and 148B(4).

[9] From 1 January 2014, section 148B(1) of the RO Act will mandate that the rules of an organisation must require the disclosure, by officers, of any material personal interest that they or a relative has which relates to the affairs of the organisation. As sub rules 28(e)(i) only refers to the affairs of the National Officers Committee, the rule will not meet all of the requirements of s 148B.

[10] From 1 January 2014, section 148C of the RO Act will mandate that the rules of an organisation must require the disclosure, by the organisation, to its members the amount of each payment, or the total of payments, made to related parties or declared persons or bodies. As the alterations do not provide for these disclosures, the rules do not meet the requirements of section 148C.

[11] Notwithstanding the omissions noted above, the alterations before me are not contrary to the RO Act. Although substantial further alterations are needed, this does not prevent the certification of the alterations that have been made. However, the omissions noted above will need to be remedied by the organisation as expeditiously as possible in order to ensure full compliance with the provisions of the RO Act.

[12] The Amendment Act[1]provides that alterations to rules of an organisation for the purpose of making provision as required by the Amendment Act can be certified by the General Manager during a transition period which commenced on 29 June 2012. Any alteration to rules that is certified during the transition period, however, does not take effect until the date of certification or the commencement of Part 2 of Schedule 1 to the Amendment

Act, whichever occurs later. Part 2 of Schedule 1 to the Amendment Act commences on

1 January 2014.[2]

[2013] FWCD 9988

[1]See Item 38 of Schedule 1 to the Amendment Act.

[2]See Section 2 of the Amendment Act.

[13] In my opinion, the alterations comply with and are not contrary to the Fair Work (Registered Organisations) Act 2009 (the RO Act), the Amendment 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 RO Act as modified by item 38 of

Schedule 1 to the Amendment Act.

DELEGATE OF THE GENERAL MANAGER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR545924>