CPSU, the Community and Public Sector Union
[2019] FWCD 8206
•16 DECEMBER 2019
| [2019] FWCD 8206 |
| 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
(R2019/128)
| MURRAY FURLONG | MELBOURNE, 16 DECEMBER 2019 |
Alteration of other rules of organisation.
On 21 October 2019, the Tasmanian Branch of the SPSF Group of the CPSU, the Community and Public Sector Union (the Branch) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to the rules of the Branch (the Branch Rules)
The particulars set out alterations to rules 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 15, 19, 21, 2, 26 and 27 of the Branch Rules.
On the information contained in the notice, I am satisfied the alterations have been made under the rules of the organisation.
The alteration to rule 3 updates the address of the office of the Branch.
The alterations to rule 6 make further provision regarding proceedings of the Branch Council and largely mirror rules 7.3-7.5 of the overarching SPSF Group Rules, Chapter C (the Group Rules).
The alterations to rule 7 deletes the reference to the three Branch Executive Councillors being elected every two years. In this regard, I note that Part 3 of the Group Rules provides that Branch elections are held every four years.
The alterations to rule 9 will reduce and re-organise the electorates from which the Branch Councillors are elected. The alteration to rule 8 will reduce required the number of members allocated to an electorate in order to be represented by a Branch Councillor.
The alterations to rule 10 make further provision regarding the constitution, powers and meetings of the Branch Executive which mirror rules 8.1-8.3 of the Group Rules.
The alterations to rule 15 rename Representatives as Workplace Delegates.
The alterations to rule 26 include deleting the reference to the Branch making by-laws regarding candidate information being provided in the conduct of an election across the Branch.
The further alterations consist of renumbering existing provisions or other minor changes.
I note that the alterations to rules 7, 9 and 9 will have the effect of changing the frequency of elections for the offices of Branch Executive Councillor and the composition of the Branch Council. Given the absence of any indication that this aspect of the alterations will affect the terms of the existing holders of those offices, and based on previous authority,[1] it is apparent that the changes to the frequency of the election of Branch Executive Councillors and the composition of the Branch Council will not take effect in a practical sense until the next scheduled elections to be held within the Branch.
In my opinion, the alterations comply with and are not contrary to the Fair Work (Registered Organisations) Act 2009, 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 Fair Work (Registered Organisations) Act 2009.
DELEGATE OF THE GENERAL MANAGER
<PR714831>
[1] For example see Beeson v Blayney (1966) 8 FLR 292; Higgins v McGrane (1961) 5 FLR 82.
Printed by authority of the Commonwealth Government Printer
0
0
0