CPSU, the Community and Public Sector Union-PSU Group

[2015] FWCD 704

[2015] FWCD 704

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
CPSU, the Community and Public Sector Union
(R2014/329)
MR ENRIGHT	MELBOURNE, 2 FEBRUARY 2015
Alteration of other rules of organisation.

[1]        On 19 December 2014 the CPSU, the Community and Public Sector Union - PSU

Group (the organisation) lodged with the Fair Work Commission (the Commission) a notice

and declaration setting out particulars of alterations to the rules of the CPSU, the Community

and Public Sector Union - PSU Group.

[2]        The particulars provide for deletion of existing rules 4A.5 and 4A.7 and replace them

with new rules 4A.5 and 4A.7. The alterations were made for the purpose of addressing

omissions that I noted when I certified the organisation’s prior alterations complying with

provisions of the Fair Work (Registered Organisations) Amendment Act 2012 on 18

December 2013 in [2013] FWCD 9188. In particular, Rule 4A will now provide for all

specified disclosures, the implementation of policies relating to expenditure and the

mandatory training of officers with duties that relate to the financial management of the

organisation.

[3]        On the information contained in the notice, I am satisfied the alterations have been

made under the rules of the organisation.

[4]        Regulation 126(1) of the Fair Work (Registered Organisations) Regulations 2009

requires an alteration of the rules of a registered organisation to be lodged within 35 days

after the alteration is made or within any additional period that the General Manager may

allow. The notification was lodged with the Commission on 19 December 2014, more than

three months after the alterations were made by the organisation.

[5]        Regulation 126(1) provides me with the discretion to allow any additional period for

lodgement of this notification. On 28 January 2015, the organisation lodged an extension of

time request, asking that an additional period be allowed. The reason cited for the delay in

lodgement was that the organisation had been waiting to synchronise a number of similar

rule alterations and was not aware of the Regulation 126(1) requirement to lodge within 35

days after altering the rules. Having considered the reasons for late lodgement and the

nature of the alteration being minor technical changes to correct noted omissions, I allow an

additional period of 92 days. However, I note that although the organisation was not

previously aware of the requirement, the organisation now possesses this knowledge. It is

incumbent on the organisation to ensure lodgement of rule alterations to the Commission in

a timely manner in the future.

[2015] FWCD 704

[6]        On 28 January 2015 consent was received under subsection 159(2) of the Fair Work

(Registered Organisations) Act 2009 (the RO Act), from Nadine Flood, Joint National

Secretary of the organisation, for the Delegate to make various amendments to the alterations

for the purpose of correcting typographical, clerical or formal errors. Accordingly the

following corrections have been made:

 Rule 4A.5 c. (i) and (ii) in the particulars are two halves of the same rule and the

second line should not be labeled (ii);

 Rule 4A.5 c. (iii) in the particulars should be rule c. (ii);

 Rule 4A.5 e. in the particulars is missing a space between (c) and ‘and’.

 Rule 4A.7 a. (ii)(c) in the particulars should be rule 4A.7 b.;

 Rule 4A.7 a.(iii) in the particulars should be rule 4A.7 b. (i);

 Rule 4A.7 a. (iv) in the particulars should be rule 4A.7 b. (ii);

 Rule 4A.7 a. (iv)(c) in the particulars should be rule 4A.7 c.;

 Rules 4A.7 a. (v), (vi) and (vii) in the particulars should be rules 4A.7 c. (i), (ii) and

(iii) respectively.

[7]        In my opinion, the alterations comply with and are not contrary to the RO Act, the

Amendment 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 RO Act.

DELEGATE OF THE GENERAL MANAGER

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