CPSU, the Community and Public Sector Union-SPSF Group, Victorian Branch
[2015] FWCD 6982
•16 November 2015
[2015] FWCD 6982
DECISION
| Fair Work (Registered Organisations) Act 2009 | |
| s.159—Alteration of other rules of organisation | |
| CPSU, the Community and Public Sector Union | |
| (R2015/110) | |
| MR ENRIGHT | MELBOURNE, 16 NOVEMBER 2015 |
| Alteration of other rules of organisation. |
[1] On 20 May 2015 the Victorian Branch of the CPSU, the Community and Public Sector
Union-SPSF Group (the Branch) lodged with the Fair Work Commission a notice and
declaration setting out particulars of alterations to the rules of the Branch.
[2] On 29 September 2015 and 30 September 2015 the Commission sought further
information from the Branch in relation to particulars of the rule alterations.
[3] The particulars set out alterations to the rules of the Branch by the replacement of the
current Branch rules with a revised version. Specifically, the particulars provide for
alterations to rules 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19; and the
deletion of rules 20 – 29. The alterations provide for, amongst other things, changes to format
to provide for consistency with the structure of the CPSU, the Community and Public Sector
Union – SPSF Group Chapter C Rules (the Chapter C Rules), the deletion of rules that are
now replicated in the Chapter C Rules, the removal of the Health Education electorate which
is no longer required under the Chapter C Rules and the removal of non-employees as an
electorate in proposed sub rule 13.3.
[4] On the information contained in the notice, I am satisfied the alterations have been
made under the rules of the organisation.
[5] On 12 September 2015, Karen Batt, Federal Secretary of the CPSU, the Community
and Public Sector Union-SPSF Group gave consent, under subsection 159(2) of the Fair Work
(Registered Organisations) Act 2009, 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:
in proposed rule 2, by deleting the word ‘branch’ and replacing with the word
‘Branch’;
| | in proposed rule 3.1(e), by adding a full stop after the word ‘Referenda’; |
| | in proposed rule 4.4, by adding a full stop after Rule 7.2; |
| | in proposed rule 4.4, by deleting the semi-colon ‘;’ after the words ‘In addition’ and |
| replacing with a colon‘:’; |
[2015] FWCD 6982
| | in proposed rule 4.7(a)(ii), by inserting a full stop after the word ‘Conferences’; |
| | in proposed rule 8.1(a), by inserting a semi-colon ‘;’ and the word ‘or’ after the word |
| ‘Council’; | |
| | in proposed rule 8.1(b), by inserting a semi-colon ‘;’ and the word ‘or’ after the word |
| ‘Council’; | |
| | in proposed rule 8.1(c), by inserting a full stop after the word ‘Branch’; |
| | in proposed rule 11.2, by deleting the word ‘President’ and replacing it with the word |
| ‘Vice-Presidents’; | |
| | in proposed rule 14.7(d), by renumbering sub rules (iii), (iv), (v) and (vi) as (1), (2) (3) |
| and (4); | |
| | in proposed rule 15.2, by deleting the full stop after Chapter C Rule 27; and |
| | in proposed rule 18.5(a), by inserting a semi-colon ‘;’ and the word ‘and’ after the |
| words ‘any comment thereon.’ |
[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
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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