Independent Education Union
[2020] FWCD 1214
•18 MARCH 2020
| [2020] FWCD 1214 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Independent Education Union
(R2019/134)
| MURRAY FURLONG | MELBOURNE, 18 MARCH 2020 |
Alteration of other rules of organisation.
On 28 October 2019 the Independent Education Union (South Australia) Branch (the Branch) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its Branch Rules.
The particulars set out alterations to Branch Rules 3, 6, 7, 12, and 15.
The alteration to Branch Rule 3 allows the Branch Executive to confer life membership.
The alteration to Branch Rule 6 ensures that at least half the people elected at scheduled Branch Executive elections are women.
The alteration to Rule 7 clarifies the composition of the electoral college in connection with scheduled elections of the Branch’s Office Bearers.
The alteration to Rule 12 adds flexibility to the mechanism for dispersing Branch funds.
The alteration to Branch Rule 15 lowers the quorum for Annual General Meetings and Special Conferences of the Branch.
The alterations were transacted in tranches. According to the declaration that accompanied the particulars, Branch Rules 3, 6, 12 and 15 were altered at a Branch Executive meeting held on 12 September 2019. The alteration to Branch Rule 7 was the subject of a circular motion. The last vote was received by the Branch on 27 September 2019.
An officer of the Fair Work Commission’s Registered Organisation’s Section contacted the Branch to clarify whether the Branch Rules contemplated the passage of rule alterations by circular resolution. The Branch Secretary, Glen Seidel, indicated that the Branch Executive’s practice was to confirm circular resolutions via a formal motion passed at a subsequent meeting. In this instance, the Branch Executive passed a resolution to amend Branch Rule 7, in the terms previously agreed via circular resolution, at its October 2019 meeting. Mr Seidel confirmed this matter by email on 28 February 2019, attaching an extract of the Minutes of the Executive’s October 2019 meeting.
On the information contained in the notice and subsequently provided by Mr Seidel, I am satisfied the alterations have been made under the rules of the organisation.
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
Printed by authority of the Commonwealth Government Printer
< PR717278>
0
0
0