CPSU, the Community and Public Sector Union

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of eligibility rules by the CPSU, the Community and Public Sector Union - consent position reached - objections withdrawn - Fair Work (Registered Organisations) Act 2009 - s.158.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

CaseChat Overview and Summary

The Community and Public Sector Union (CPSU) applied to the Fair Work Commission for an alteration of its eligibility rules. The application was made under the Fair Work (Registered Organisations) Act 2009, specifically section 158. The CPSU sought to amend its eligibility rules to allow members of certain unions to join the CPSU without resigning from their existing union. The dispute centred on whether the proposed changes were consistent with the principles of the Act and whether they would negatively impact other registered organisations.

The legal issues the court had to decide included whether the proposed changes to the CPSU's eligibility rules were in accordance with the provisions of section 158 of the Fair Work (Registered Organisations) Act 2009. The court also had to consider whether the changes would unfairly impact other registered organisations and whether they were necessary to maintain the CPSU's status as a registered organisation. Additionally, the court needed to assess if the application was made in good faith and whether the CPSU had reached a consent position with other affected parties.

The court found that the CPSU had reached a consent position with the other parties involved in the application. As a result, the objections to the changes were withdrawn. The court concluded that the proposed changes to the CPSU's eligibility rules were consistent with the principles of the Fair Work (Registered Organisations) Act 2009 and would not unfairly impact other registered organisations. The court was satisfied that the application was made in good faith and that the changes were necessary to maintain the CPSU's status as a registered organisation. The court therefore granted the application and allowed the changes to the CPSU's eligibility rules.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established