Flight Attendants' Association of Australia

[2014] FWCD 7794

[2014] FWCD 7794

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Flight Attendants' Association of Australia
(R2014/27)
MR ENRIGHT	MELBOURNE, 23 DECEMBER 2014
Alteration of other rules of organisation.

[1]        On 19 February 2014 the Flight Attendants' Association of Australia (the union)

lodged with the Fair Work Commission (the Commission) a notice and declaration setting out

particulars of alterations to the rules of the Flight Attendants' Association of Australia.

[2]        The particulars set out alterations to Rule 31 and Rule 38 of the rules of the Flight

Attendants' Association of Australia. The alterations to Rule 31 clarify the Division of the

union to which Officers are allocated. The alterations to Rule 38 delete provisions regarding

the eligibility of employees of the union to run for office.

[3]        Between 28 February 2014 and 13 May 2014, 196 persons raised concerns in relation

to the above alterations. I will refer to these 196 persons as the ‘opposers’. Some opposers

merely stated their opposition without putting forward any reasons. Others stated their

reasons, which are summarised as follows:

 The membership was not adequately informed of the alterations;

 The timing of the alterations was inappropriate as the union was dealing with

significant industrial issues;

	The alterations allow for a non-airline employee to run for office;
	The alterations do not provide for remuneration and conditions for elected officers;
	The alterations may result in a financial burden on the union; and
	The alterations diminish standards of corporate governance.

[4]        On 23 April 2014 the union lodged an application for consent to an alteration to the

eligibility rules of the union (Rule 4). The alteration to the eligibility rule provides that

persons who are elected or appointed officers of the union are eligible to be members

irrespective of whether they are employed in the airline industry.

[5]        Between 9 May 2014 and 13 May 2014 the Commission emailed a letter to each of the

opposers advising that the examination and determination of the alterations to Rules 31 and

38 will be deferred until after the application of the eligibility rule has been determined

because these alterations appear to be reliant on the approval of the alteration to the eligibility

rule.
[2014] FWCD 7794

[6]        This correspondence also advised each opposer that if they wished to make a

submission regarding the alterations to Rules 31 and 38, that they would need to identify

whether they are a member of the union and that their submission would need to address the

matters set out in paragraphs (a), (b) and (c) of subsection 159(1) of the Fair Work

(Registered Organisations) Act 2009 (the Act). Subsection 159(1) of the Act provides:

159 Alteration of other rules of organisation

(1) An alteration of the rules (other than the eligibility rules) of an

organisation does not take effect unless particulars of the alteration have

been lodged with the FWC and the General Manager has certified that, in

his or her opinion, the alteration:

(a) complies with, and is not contrary to, this Act, the Fair Work Act,

modern awards and enterprise agreements; and

(b) is not otherwise contrary to law; and

(c) has been made under the rules of the organisation.

[7]        The correspondence also advised each opposer how to make a valid objection to the

alteration to the eligibility rule. Although a total of 129 valid objections to the alteration to the

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eligibility rule were lodged with the Commission	, no submissions regarding the alterations to
Rules 31 and 38 were lodged.

[8] On 30 October 2014 in [2014] FWC 7631 the objections were dismissed and consent

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given to the alteration to the eligibility rule.

[9]        As stated above, the alterations to Rule 31 clarify the Division to which Officers are

allocated. As a consequence of the Commission’s consent to alter the eligibility rule in [2014]

FWC 7631, the rules explicitly entitle Officers to membership of the union. The alteration to

Rule 31 gives effect to the alteration to the eligibility rule and therefore is suitable for

certification.

[10]      The proposed alterations delete Sub-Rule 38(5)(a). This Sub-Rule disqualifies an

employee of the union who has never been employed in a position covered by the eligibility

rule from nominating for and holding office. Currently only financial members of the union

are entitled to nominate for office (Sub-Rule 38(2)), therefore an employee of the union who

has never been employed in a position covered by the eligibility rule is not, in any event,

entitled to nominate for office. The deletion of Sub-Rule 38(5)(a) removes an existing

anomalous provision.

[11]      The proposed alterations also delete Sub-Rule 38(5)(b). This Sub-Rule disqualifies a

member who becomes an employee of the union from nominating for and holding office. The

effect of the deletion of this Sub-Rule enables members who subsequently become employees

of the union to nominate for and hold office, as long as they remain a financial member of the

union. Although no submissions were lodged by any of the opposers, I note that one issue of

concern mentioned by some of the opposers is that the proposed alterations allow a non-

airline employee to run for office. In my view the question of whether employees of the union

who have maintained their financial membership are entitled to nominate and hold office is a

matter for the union. I do not consider that there is anything inherently oppressive,

unreasonable or unjust in allowing members who work for the union to nominate for and hold
[2014] FWCD 7794

office. On the contrary, in my view, rules that enable all members to nominate for and hold

office further the democratic aims of the Act.

[12]      The opposers also expressed the views that the alterations do not provide for

remuneration and conditions for elected Officers, the alterations may result in a financial

burden on the union and that the alterations diminish the standards of corporate governance.

As no submissions were lodged it is unclear how these issues relate to the alterations before

me. On the face it appears that these issues go to the question of whether Officers of the union

should be entitled to membership of the union. As stated above this question has already been

determined in [2014] FWC 7631.

[13]      Some opposers stated that the membership was not adequately informed of the

alterations and that the timing of the alterations was inappropriate as the union was dealing

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with significant industrial issues. As discussed in [2014] FWC 7631 these concerns do not

constitute a proper basis to refuse to consent to the alterations. On the information contained

in the notice, I am satisfied the alterations have been made under the rules of the organisation.

[14]      Accordingly, I am of the opinion that the proposed alterations are suitable for

certification. 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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1

Flights Attendants’ Association of Australia [2014] FWC 7631 at [5]

2

Ibid at [29]

3

Ibid at [22]