CPSU, the Community and Public Sector Union-SPSF Group
[2012] FWA 3869
•9 MAY 2012
[2012] FWA 3869 |
|
DECISION |
Fair Work (Registered Organisations) Act 2009
s.158(1) RO Act—Rules of organisations
CPSU, the Community and Public Sector Union-SPSF Group
(D2011/2510)
SENIOR DEPUTY PRESIDENT KAUFMAN | MELBOURNE, 9 MAY 2012 |
Application for consent to alter eligibility rules.
[1] This decision concerns an application made under s.158(1) of the Fair Work (Registered Organisation) Act 2009 (“FWRO Act”) by the Community and Public Sector Union (“CPSU”) for consent to alter its eligibility rules. The application was lodged on 10 October 2011.
[2] The application seeks the consent of Fair Work Australia to the alteration of the CPSU’s eligibility rule. The current eligibility rule, Rule 2 Part II Section 1 (H)(d) of Chapter A of the CPSU General Rules includes:
“persons employed by the person or persons that own or operate Acacia Private Prison in the State of Western Australia”.
[3] The current eligibility rule excludes from membership of the CPSU certain persons employed as officers of the Western Australia Prison Officers Union’s (“WAPOU”). The relevant part of the current eligibility rule of the CPSU reads:
Chapter A Rule 2 Part II Section I
“The following person shall not be eligible for membership of the Union in the State of Western Australia:
...
(e) Persons employed as officers of the Western Australian Prison Service below the rank of Chief Officer”
Chapter A Rule 3 Part II
“Notwithstanding anything hereinbefore contained
...
(e) Persons employed as officers of the Western Australian Prison Service below the rank of Chief Officer.”
[4] The proposed alteration has the effect of deleting exclusions in the Chapter A Rules set out above. The reason for the proposed alteration is to enable the CPSU to affiliate with the WAPOU.
[5] The application was gazetted on 16 November 2011 1, and two objections were received in relation to the application within the stipulated period of 35 days within which objections in writing must be received. A Notice of Objection was lodged by United Voice on 6 December 2011 and withdrawn on 16 December 2011. A Notice of Objection was lodged by the Australian Municipal, Administrative, Clerical and Services Union (“ASU”) on 21 December 2011.
[6] This matter was listed for hearing on 21 March 2012. The matter was adjourned at the behest of the parties to 29 May 2012 and the parties were directed to file and serve submissions prior to that date.
[7] Discussions were subsequently held between CPSU and the ASU which led to the parties agreeing upon a course to resolve the issues between them.
[8] By letter dated 10 April 2012, the CPSU provided the following undertaking:
“The CPSU undertakes, in exchange for the ASU’s withdrawal of its objection in FWA matter no: D2011/2510, that the ASU doing so will not adversely impact upon, render void or ineffective, or in any other way prejudice the settlement reached between or in any other way prejudice the settlement reached between our Unions in matter number D2010/5003.
It is and always has been the CPSU’s views that these two applications, while being heard concurrently on account of the parties involved, do not relate to each other in substance in any way and the settlement of one will not be considered a contravention of the terms of the other.”
[9] Matter D2010/5003 concerns another application made under s.158(1) of FWRO Act by the CPSU for consent to alter its eligibility rules.
[10] By letter dated 26 April 2012, the ASU advised that it was satisfied with the undertaking and would withdraw its objection subject to the letter being tendered as a FWRO Act s.158(5) undertaking.
[11] I acknowledge the undertaking provided by the CPSU and the withdrawal of the objection by the ASU.
[12] Fair Work Australia has discretion under the FWRO Act to refuse to consent to the alteration of the eligibility rules for a number of reasons. 2 As the abovementioned issue has now been resolved, there are no issues that have arisen that would give me cause to not consent to this application.
[13] The alteration to the eligibility rules of the CPSU was made in accordance with the registered rules of the CPSU.
I am satisfied that the change or alteration has been made under the Rules of the CPSU as required by s.158(2) of the Act, which reads:
“FWA may consent to a change or alteration in whole or part, but must not consent unless FWA is satisfied that the change or alteration has been made under the rules of the organisation.”
[14] Section 158(4) of the Act reads:
“FWA must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of FWA, another organisation:
(a) to which those persons could more conveniently belong; and
(b) that would more effectively represent those members.”
[15] No issue arises in this regard nor in relation to ss.158(5), (6), or (7) of the FWRO Act.
[16] There are no other grounds that would cause me to refuse to consent to the application.
[17] In the circumstances, I consent to the alteration to the CPSU’s eligibility rules as set out above.
[18] Section 158(9) of the Act reads as follows:
“Where FWA consents, under subsection (1), to a change or alteration, the change or alteration takes effect on:
(a) where a date is specified in the consent—that date; or
(b) in any other case—the day of the consent.”
[19] The alterations will come into operation from 16 May 2012.
SENIOR DEPUTY PRESIDENT
Appearances:
Mr. M. Perica for the Community and Public Sector Union.
Mr. T. Wright for the Community and Public Sector Union.
Mr. G. Noble for the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).
Hearing details:
2012.
Melbourne:
21 March
2012.
Melbourne:
14 February
1 Gazette No GN 45, 16 November 2011
2 Section 158(6)-(8) of the FWRO Act
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