Health Services Union
[2023] FWCD 5
•14 JUNE 2023
| [2023] FWCD 5 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Health Services Union
(R2023/29)
| PATRICK MCCARTHY | MELBOURNE, 14 JUNE 2023 |
Alteration of other rules of organisation.
On 13 April 2023 the Health Services Union (the HSU) lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of an alteration to its rules.
The HSU seeks certification of the alteration under s.159 of the Fair Work (Registered Organisations) Act 2009 (the Act).
The particulars set out an alteration to Rule 43 – NSW/ACT/QLD Branch Council.
On the information contained in the notice and declaration, I am satisfied the alteration has been made under the rules of the organisation.
The amendment removes the reservation of one Branch Council office for members attached to the Health Managers Sub-Branches.
According to the materials which accompanied the declaration, this change is intended to “[simplify] and expand the distribution of potential [Branch Council] nominees to a wider class of members employed in local health districts.”[1]. The alteration is stated to be a response to “the significant reduction in the Health Managers Sub-Branches membership cohort which creates a potential difficulty in achieving a nominee from the remaining membership cohort.”[2]
In my opinion, the alteration complies with and is not contrary to the Act, the Fair Work Act 2009, modern awards and enterprise agreements, is not otherwise contrary to law and was made under the rules of the organisation. I certify accordingly under subsection 159(1) of the Act.
DELEGATE OF THE GENERAL MANAGER
[1] See Appendix D to the 13 April 2023 declaration of HSU National Secretary Lloyd Williams, at 7.1(b).
[2] Ibid.
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