CSR & Holcim Staff Association

[2011] FWA 3293

[2011] FWA 3293

FAIR WORK AUSTRALIA

DECISION

Fair Work (Registered Organisations) Act 2009
s.158(1) RO Act - Application for alteration of eligibility rules

CSR & Holcim Staff Association
(D2010/5013)

SENIOR DEPUTY PRESIDENT HAMBERGER SYDNEY, 30 MAY 2011

Application for the alteration of eligibility rules.

[1] On 14 October 2010, the CSR & Holcim Staff Association (the association) applied to Fair Work Australia for consent to the alteration of its eligibility rules. The effect of the proposed alteration would be to allow the association to enrol as members salaried employees employed by Wilmar Australia Pty Ltd (Wilmar) or by any subsidiary of Wilmar (in addition to those employed by CSR Ltd and Holcim (Australia) Pty Ltd and their subsidiaries) .

[2] The application indicated that the reason for the proposed alteration was as follows:

‘On 5 July 2010 CSR Limited announced a demerger of its sugar and renewable energy business, Sucrogen to Wilmar International Limited. This demerger is to be achieved by the sale of Sucrogen Limited (ABN 47 098 999 985) and its subsidiaries (these include Sucrogen Australia Pty Ltd (ABN 44 081 051 792 - the employer) to Wilmar Australia Pty Limited (ACN 144 973 115). Sucrogen Limited is a subsidiary of CSR Limited.

Awards and agreements to which the Association is the only employee party will continue to apply to these employees by operation of the transmission of business provisions of the Fair Work Act 2009.

It is appropriate and in the public interest that employees wishing to continue their membership of the Association be permitted to do so.’

[3] The application was accompanied by a declaration that the alteration was made in accordance with the rules of the association, together with a copy of the rules proposed to be altered.

[4] A notice of receipt of the application was published in the Commonwealth of Australia Gazette on 3 November 2010. One objection was made to the proposed alteration, by the Australian, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU).

[5] Following discussions between the association and the AMWU, the association varied its application during a hearing held on 9 May 2011. The effect of this variation was that the association’s eligibility rule would be extended to cover salaried employees of Wilmar (and any of its subsidiaries) but only in respect of its sugar industry and related renewable energy businesses.

[6] On 20 May 2011 the President of the association and the National Secretary of the AMWU signed a memorandum of understanding, and on 25 May 20011, the AMWU advised FWA that it had withdrawn it objection to the alteration of the association’s eligibility rules.

[7] I am satisfied that the application made by the association meets the requirements of s. 158 of the Fair Work (Registered Organisations) Act 2009. I consent to the alteration of the association’s eligibility rules on the basis sought in the amended application.

[8] Rule 2 - Definitions - of the rules of the CSR and Holcim Staff Association are altered as follows:

1. Delete (g) and (h) of Rule 2 - Definitions - of the rules of the CSR and Holcim Staff Association and insert the following:

(g) "The Company" means any of the following:

CSR Limited (ABN 90 000 001 276);

any subsidiary of CSR Limited;

Wilmar Australia Pty Ltd in respect of its sugar industry and related renewable energy business;

any subsidiaries of Wilmar Australia Pty Ltd in respect of its sugar industry and related renewable energy businesses;

Holcim (Australia) Pty Ltd (ABN 87 099 732 297); and

any subsidiary of Holcim (Australia) Pty Ltd.

(h) "Salaried employee" means a person employed by the Company at a yearly rate of pay but does not include the Managing Director and such other executive officers of the Company as shall be agreed between the Association and the Company from time to time.

[9] Rule 5 - Membership - of the rules of the CSR and Holcim Staff Association are altered as follows:

1. Delete Rule 5 and insert the following:

5 - MEMBERSHIP

The members of the Association shall be such salaried employees as have already signed or shall hereafter sign an application for membership in the form set out in the Schedule hereto and whose application shall have been accepted by the Executive Council. Provided that any application for membership by a salaried employee which the Executive Council shall refuse to accept shall be referred by the Executive Council to a General Meeting of the Association to be held within three months of the date of the Application and such General Meeting may accept such Application.

[10] Rule 2, as amended, is appended to this decision at Attachment A and and Rule 5, as amended, is appended to this decision at Attachment B.

[11] The alteration will come into operation from 14 June 2011.

SENIOR DEPUTY PRESIDENT

Appearances:

Mr N Keats for the CSR & Holcim Staff Association

Mr T McCauley for the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union

Hearing details:

Sydney

2011

8 March

9 May

Printed by authority of the Commonwealth Government Printer

<Price code A, PR509933>

Attachment A

2 - DEFINITIONS

In these Rules, unless there is something in the subject or context inconsistent therewith:

(a) "The Act" means the Workplace Relations Act 1996 of the Commonwealth of Australia and/or any re-enactment or modification thereof and "Act" shall include any conciliation or industrial legislation of the Commonwealth or of any of the States thereof.

(b) "The Association" means CSR & Holcim Staff Association.

(c) "The Executive Council" means the Executive Council for the time being of the Association.

(d) "President" "Secretary" and "Treasurer" mean the President Secretary and Treasurer respectively for the time being of the Association and "Secretary" includes an acting secretary.

(e) "Registered Office" means the registered office of the Association for the time being under the Act.

(f) "The Commission" means the Australian Industrial Relations Commission and "Commission" shall include any State Industrial Commission or Board or other tribunal having jurisdiction in industrial matters affecting the Association or its members.

"The Court" means the Federal Court of Australia and "Court" shall include any State Industrial Court.

(g) "The Company" means any of the following:

CSR Limited (ABN 90 000 001 276);

any subsidiary of CSR Limited;

Wilmar Australia Pty Ltd in respect of its sugar industry and related renewable energy business;

any subsidiaries of Wilmar Australia Pty Ltd in respect of its sugar industry and related renewable energy businesses;

Holcim (Australia) Pty Ltd (ABN 87 099 732 297); and

any subsidiary of Holcim (Australia) Pty Ltd.

(h) "Salaried employee" means a person employed by the Company at a yearly rate of pay but does not include the Managing Director and such other executive officers of the Company as shall be agreed between the Association and the Company from time to time.

(i) "Member" means a member for the time being of the Association.

(j) "Financial member" means a member who is not in arrears more than six months with contributions nor with any fees fines levies or dues imposed in accordance with these rules and "financial" has a corresponding meaning.

(k) "Unfinancial member" means a member who is in arrears more than six months with contributions or with any fees fines levies or dues imposed in accordance with these rules and "unfinancial" has a corresponding meaning.

(l) "Month" means calendar month and "year" means the financial year commencing on the first day of July.

(m) "In writing" or "written" means written typed printed or lithographed or partly in one way and partly in the other or otherwise reproduced in a visible form.

(n) "The Rules" or "these Rules" mean the Rules for the time being of the Association.

(o) Words importing the singular number only include the plural number and vice versa.

Attachment B

5 - MEMBERSHIP

The members of the Association shall be such salaried employees as have already signed or shall hereafter sign an application for membership in the form set out in the Schedule hereto and whose application shall have been accepted by the Executive Council. Provided that any application for membership by a salaried employee which the Executive Council shall refuse to accept shall be referred by the Executive Council to a General Meeting of the Association to be held within three months of the date of the Application and such General Meeting may accept such Application.