CPSU, the Community and Public Sector Union-SPSF Group

[2015] FWCD 8207

[2015] FWCD 8207

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
CPSU, the Community and Public Sector Union
(R2015/253)
MR ENRIGHT	MELBOURNE, 23 DECEMBER 2015
Alteration of other rules of organisation.

[1]        On 20 November 2015 the SPSF Group of the CPSU, the Community and Public

Sector Union (the Union) lodged with the Fair Work Commission (the Commission) a notice

and declaration setting out particulars of alterations to the rules of the SPSF Group of the

Union.

[2]        The particulars set out alterations to the Chapter C rules of the SPSF Group rules. The

alterations delete all rules in Part 3 headed ‘Elections and Appointments’, those being Rules

14 to 23; replace with a new Part 3 headed ‘Elections and Appointments’, that being proposed

rules 14 to 44; make consequential amendments to sub rules 3.3(b)(iii), 3.7(b)(xiii), 4.1(f),

5.5, 7.2(c)(xvi), 12.2(c) and 13.5(c); and provide for consequential amendments to, and the

renumbering of, current rules 24–45 (renumbered 45–66).

[3]        The organisation states in its declaration that the alterations have been made in order

to incorporate the substance of current election and appointment rules in Part 3 into the format

of the model election rules issued by the Australian Electoral Commission (the AEC). The

Union submits that the proposed rules articulate, in greater detail, the rights and duties of

nominees, voters, returning officers and scrutineers; and provide better guidance for the

returning officer in the conduct of elections. The Union also submits that historical

redundancies will be remedied by the proposed alterations.

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

made under the rules of the organisation. I consider the notice provided by email to the

members of the National Officers’ Committee (the NOC) on 11 November 2015 for the

teleconference meeting of the NOC on 19 November 2015 was notice provided in such a

manner as may reasonably be expected to have come to the attention of the NOC members,

and in such time to have provided them with a reasonable opportunity of participating in the

teleconference. I refer here to my recent decision of CPSU, the Community and Public Sector

Union [2015] FWC 8208 in which I expand in greater detail upon the definition of

‘reasonable notice’.

[5]        On 23 December 2015, Karen Batt, Federal Secretary the SPSF Group of the CPSU,

the Community and Public Sector Union gave consent, under subsection 159(2) of the Fair

Work (Registered Organisations) Act 2009, for the Delegate to make various amendments to

[2015] FWCD 8207

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

Accordingly the following corrections have been made:

	in the last row of the table under the heading ‘Part 3 – Elections and
Appointments, by replacing the word “Seperete” with the word “Separate”;
	in proposed rule 15.1(c) by deleting the ‘;’ after ‘Branch President’;
	in proposed rule 15.1(d) by deleing the ‘;’ after ‘Branch Executive Councillor’;
	in proposed rule 19.1(a) by deleting the word ‘the’ before the words ‘all offices’;
	in proposed rule 19.1(a)(ii) by deleting the word ‘Secretary(s)and’ and replacing
with the words ‘Secretary(s) and’;
	in proposed rule 19.1(a)(vi) by inserting the word ‘for’ after the word ‘provide’
so that the sentence reads ‘Branch rules may provide for the office of Branch
Treasurer’;
	in proposed rule 18.2(b), by deleting the number (vi) in front of the sentence
‘Failure of a scrutineer to attend any scheduled event will not delay any step in the
election’;
	in proposed rule 25.1, by adding the word ‘electorate’ after the second reference
of ‘Branch’ in the final row of the table so that the sentence reads ‘Executive
Council - All financial members of the Branch or Branch electorate. For direct
elections financial members of the particular class or group of members’.
	in proposed rule 29.1, by inserting a colon after the words ‘shall be limited to’;
	in proposed rule 31.1(b) by deleting the word ‘declares’ and replacing it with the
word ‘declare’;
	in the sentence directly under the proposed heading ‘Part 3C – Collegiate
Elections’ by inserting the word ‘a’ between the words ‘is’ and ‘method’ so that
the sentence reads ‘A collegiate election is a method of election in which persons
are elected to certain officers by and from a body of persons (such as a committee
or a council) who were elected at a previous stage by a direct voting system.’
	in proposed rule 32 by inserting a full stop at the end of the sentence after the
words ‘postal ballot’;
	in proposed rule 32.7, by deleting the word ‘a’ after the words ‘provide for’ so
that the sentence reads ‘Branch rules may provide for one of more Branch
Executive Councillor(s);
	in proposed rule 40.1(a), by deleting the word ‘Rule37.3(c)’ and replacing it with
the words ‘Rule 37.3(c)’;
	in proposed rule 42.1, by deleting the word ‘Rule21’ and replacing it with the
word ‘Rule 21’; and
	in proposed rule 42, by deleting the word ‘persons’ and replacing it with the word
‘person’s’ and inserting a full stop at the end of the sentence.

[6]        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

[2015] FWCD 8207

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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