CPSU, the Community and Public Sector Union

[2020] FWCD 4706

[2020] FWCD 4706

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

CPSU, the Community and Public Sector Union

(R2020/101)

MURRAY FURLONG MELBOURNE, 11 SEPTEMBER 2020

Alteration of other rules of organisation.

1. On 15 July 2020 the CPSU, the Community and Public Sector Union lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules. Additional information in support of the application was provided on 26 and 28 August 2020.

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

1. The particulars set out alterations to Chapter B Rules 1.3, 1.4 and 1.10.

1. The alterations allow the organisation’s Governing Council to waive the requirement to hold in-face meetings of the Governing Council, where it is impractical to do so because extraordinary circumstances are present.

1. Subject to decisions made by members via plebiscite, the Governing Council is the supreme governing body of the organisation’s PSU Group. It must meet at least twice each calendar year. Under the current rules, at least one of those must be in-face.

1. Allowing the Governing Council to meet other than face to face in exceptional circumstances—including those which presently exist in connection with the Covid-19 pandemic—advances a number of Parliamentary intentions which underpin the Fair Work (Registered Organisations) Act 2009 (the Act). The added flexibility ensures the organisation can continue to operate effectively, encourages the maintenance of efficient management and ensures that members can continue to participate in the affairs of their organisation, despite restrictions on movement and assembly.

1. In my opinion, the alterations comply with and are not contrary to the 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 Act.

DELEGATE OF THE GENERAL MANAGER

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