CPSU, the Community and Public Sector Union-PSU Group

[2020] FWCD 2601

[2020] FWCD 2601

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-PSU Group

(R2019/147)

MURRAY FURLONG MELBOURNE, 28 May 2020

Alteration of other rules of organisation.

1. On 20 November 2019 the PSU Group of the CPSU, the Community and Public Sector Union lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to its Rules. On 19 May 2020 further submissions in support of the application were provided.

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 the Chapter B Rules, specifically to

   Rule 1.4 – Governing Council – Ordinary Meetings, and
   Rule 1.9 – Executive Committee – Constitution.

1. The alterations to Rule 1.4 increases the number of weeks for agenda items to be both provided to the National Secretary and to each member of the Governing Council by one. Therefore, all agenda items are now to be provided to the National Secretary at least four weeks prior to an ordinary meeting of the Governing Council, and the National Secretary shall provide the agenda to each Governing Council member three weeks prior to the meeting.

1. The alterations to Rule 1.9 changes the number of positions on the Executive Committee from not less than seven to not less than five. The documentation provided in support of the application, particularly Attachment MD2, makes clear that the alterations to Rule 1.9 do not automatically cause any positions on the Executive Committee to cease to exist. Instead, the change is intended to provide a level of flexibility in the size of the Executive Committee which may require less members to meet future governance needs. I am therefore satisfied that no position of office will be immediately truncated or abolished on certification and have sought no further submissions in support of this alteration.

1. 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

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