CPSU, the Community and Public Sector Union
[2009] FWA 143
•25 AUGUST 2009
[2009] FWA 143 |
|
DECISION |
Workplace Relations Act 1996
s.158(1) RAO Schedule - Application for alteration of eligibility rules
(D2008/101)
SENIOR DEPUTY PRESIDENT HAMBERGER | SYDNEY, 25 AUGUST 2009 |
Eligibility rules - Re: NSW Joint Coal Board.
[1] This is an application under s 158 of Schedule 1 – Registration and Accountability of Organisations (“the RAO Schedule”) of the Workplace Relations Act 1996 (“the Act”) by the CPSU, the Community and Public Sector Union (“CPSU”) to the Commission for its consent to alter the eligibility rules of the CPSU.
[2] Item 621 of Part 9 of Schedule 22 of the Fair Work (Transitional and Consequential Amendments) Act 2009 makes provision for Fair Work Australia to hear the above application. The RAO Schedule as described above is now preserved by way of the Fair Work (Registered Organisations) Act 2009 (“the ROA Act)”). In this respect, Item 622 of Part 9 of Schedule 22 of the Fair Work (Transitional and Consequential Amendments) Act 2009 has the effect of making a reference to a provision of Schedule 1 of the RAO Schedule as if it was a reference to the RAO Act.
[3] The application seeks to vary subsection (n) of Section 1D of Part II of Rule 2 and subsection (n) in Section 1(B) of Part II of Rule 3 so as to enable the CPSU to enrol persons employed by the successor body of the Joint Coal Board in New South Wales. The applicant also seeks to vary the CPSU’s rules in relation to the electricity industry. This decision does not deal with this latter aspect of the application.
[4] The application was lodged in the Australian Industrial Registry on 16 January 2008.
[5] Notice of the application was published in the Commonwealth of Australia Gazette, Government Notices on 20 February 2008. Two objections to the aspect of the application dealt with here were filed in the Registry by the Construction, Forestry, Mining and Energy Union (the CFMEU) and The Association of Professional Engineers, Scientists and Managers, Australia (APESMA).
[6] The objections were withdrawn on the basis of a written undertaking given by the CPSU not to enrol or seek to enrol as members persons:
“employed by Coal Services Pty Ltd, or any successor in law to Coal Services Pty Ltd, in any of the functions currently or in the future:
1. provided for as a function of Coal Services Pty Ltd in Part 3, Division 3 – Principal Functions of Mine Rescue Company of the Coal Industry Act 2001 or any successor to that Act; and/or
2. where the persons are required to perform work underground at an underground coal mining operation.”
[7] I am satisfied that all the relevant requirements contained in s.158(1) have been met. I consent to the alterations in the amended application.
[8] Chapter A of the eligibility rules of the CPSU, the Community and Public Sector Union are altered as follows:
1. By inserting the underlined into subsection (n) in Section 1(D) of Part II of Rule 2 so it will now read:
(n) Without limiting the generality of any of the foregoing paragraphs hereof, all employees of the Joint Coal Board and any successor in law to it or any legal entity, whether corporate or unincorporated and whether or not owned by or on behalf of the Crown in right of the State of New South Wales, carrying on the functions described in the Coal Industry Act 2001 (NSW).
2. By inserting the underlined into subsection (n) in Section 1(B)1 of Part II of Rule 3 so it will now read:
(n) Without limiting the generality of any of the foregoing paragraphs hereof, all employees of the Joint Coal Board and any successor in law to it or any legal entity, whether corporate or unincorporated and whether or not owned by or on behalf of the Crown in right of the State of New South Wales, carrying on the functions described in the Coal Industry Act 2001 (NSW).
[9] The alterations will come into operation from 1 September 2009.
SENIOR DEPUTY PRESIDENT
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