CPSU, the Community and Public Sector Union

[2013] FWC 6004

[2013] FWC 6004

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.158(1) RO Act - Application for alteration of eligibility rules

CPSU, the Community and Public Sector Union
(D2012/221)

VICE PRESIDENT WATSON SYDNEY, 22 AUGUST 2013

Application for alteration of eligibility rules by the CPSU, the Community and Public Sector Union - consent position reached - objections withdrawn - Fair Work (Registered Organisations) Act 2009 - s.158.

[1] This decision concerns an application by the CPSU, the Community and Public Sector Union (CPSU) to alter its eligibility rules made pursuant to s.158 of the Fair Work (Registered Organisations) Act 2009 (the Act). The application was made on 4 October 2012, and published in Government Gazette GN42 on 24 October 2012. The application enables the CPSU, subject to agreements and undertakings, to continue to represent its members employed in electricity generation, distribution and transmission companies in New South Wales regardless of whether they are in public or private ownership.

[2] Objections to the application were made by the following parties:

● Australian Municipal, Administrative, Clerical and Services Union (ASU);
● Construction, Forestry, Mining and Energy Union (CFMEU);
● Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU);
● Australian Salaried Medical Officers Federation (ASMOF), and;
● “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)

[3] Following negotiations between the parties, each of the objections were resolved. Undertakings were given by and to the ASU, AMWU and CFMEU. I consider that these undertakings address the requirements of s.158(5) of the Act because they will assist in avoiding demarcation disputes which might otherwise arise from an overlap in the eligibility rules of the CPSU and each of the respective objectors.

[4] I am satisfied that the change has been made in accordance with the rules of the CPSU.

[5] In the circumstances and based on the material provided by the parties, I consider that the application by the CPSU meets the requirements of s.158 of the Act and consent should therefore be granted. The amended eligibility rule will take effect from 2 September 2013.

VICE PRESIDENT WATSON

Appearances:

Mr T Wright for the CPSU, the Community and Public Sector Union

Mr M Wright for the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Mr J Nucifora for the Australian Municipal, Administrative, Clerical and Services Union

Hearing details:

2013.

Sydney.

August 21

Melbourne

August 21

Printed by authority of the Commonwealth Government Printer

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