Independent Education Union of Australia
[2024] FWCD 1003
•30 JANUARY 2024
| [2024] FWCD 1003 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Independent Education Union of Australia
(R2023/118)
| CHRIS ENRIGHT | MELBOURNE, 30 JANUARY 2024 |
Alteration of other rules of organisation.
On 8 November 2023 the Independent Education Union of Australia – WA Branch (the Branch) lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of an alteration to its Branch rules. Further information in support of the alteration was lodged on 20 November 2023.
The Branch seeks certification of the alteration under s.159 of the Fair Work (Registered Organisations) Act 2009 (the Act).
The declaration lodged with the particulars advised the rule alteration was transacted by a flying minute provided by the Branch Secretary to the Branch Executive. Staff of the Commission sought further information, given a vote of that type under Branch Rule 8.2(e) can only be called when the Branch President deems it necessary.
On 20 November 2023 the Branch advised that the Branch Executive, including the Branch President, determined that they were eager to expedite this change as quickly as possible, and agreed to handle the matter through a flying minute to allow lodgement to progress.
On the information contained in the lodgement material and further information provided on 20 November 2023, I am satisfied the alterations have been made under the rules of the organisation.
The particulars set out an alteration to Branch Rule 8.1. New sub-rule 8.1(y) has been inserted to give the Branch Secretary power to appoint workplace representatives, including the responsibility for conducting an election for a workplace representative if 50% or more of the members in a workplace request an election to replace them.
In my opinion, the alterations comply with and are not contrary to the Act, the Fair Work Act 2009 (Cth), modern awards and enterprise agreements, are not otherwise contrary to law and were made under the rules of the organisation. I certify accordingly under subsection 159(1) of the Act.
DELEGATE OF THE GENERAL MANAGER
Printed by authority of the Commonwealth Government Printer
<PR770310>
0
0
0