Independent Education Union of Australia

[2020] FWCD 4689

[2020] FWCD 4689

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Independent Education Union of Australia

(R2020/88)

MURRAY FURLONG MELBOURNE, 12 October 2020

Alteration of other rules of organisation.

1. On 1 July 2020 the Independent Education Union of Australia (the Union) lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to its rules.

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

1. The particulars set out alterations to

   Rule 8 – Federal Council
              Rule 10 – Alteration of Rules
              Rule 12 – Branches
              Rule 14 – Federal Fund and Property
              Rule 15 – Branch Funds and Property
              Rule 17 – Elections
              Rule 23 – Dismissal of Officer
              Rule 26 – Description of Rules.

1. The particulars also include the deletion of Appendix A in its entirety. Appendix A had provided a set of model rules for any Branch of the Union that did not elect to have its own set of rules. However, Appendix A has been rendered largely redundant, given that each Branch of the Union has its own set of rules, and the Appendix has been deleted accordingly.

1. Rule 8 has been altered to change the notification period for notice of resolutions relating to the closure of a Branch. Branches must now receive at least six weeks’ notice of the intention to move such resolution from the Federal Secretary, and four weeks’ notice of the actual resolution.

1. The alterations to Rule 10 have been made to remove references to the deleted Appendix A.

1. Rule 12 has been altered to remove references to Appendix A, and also to provide for Branch Executive bodies to include an assistant to the Secretary, named as an Assistant or Deputy Secretary.

1. The alterations to Rules 14 have been made to provide that monetary funds of the Union may be paid into an account held with financial institution(s) approved by the Federal Council, with funds unable to be withdrawn except on authorisation of any two of the Federal officials so authorised.

1. Rule 15 has been altered to include new provisions for monies received by the Branch to be paid to the credit of the Union into an account with a financial institution, or institutions, approved by the Branch Executive. The alterations to Rule 15 further provide that funds may not be withdrawn from this account except on the authorisation of any two of the authorised officials of the Branch Executive.

1. The alterations to Rule 17 are threefold. First, the rule has been altered to provide that a nomination may be withdrawn by the nominee in writing up to a period of seven days from the closing of nominations for any position to with the individual has nominated. Secondly, the rule has been altered to provide that ballot papers are to be collected by the Branch Returning Officer from the post office box and deposited into a ballot box. Thirdly, the alterations provide that at the conclusion of the ballot the ballot box shall be opened by the Returning Officer, with the count proceeding in the presence of any scrutineers in attendance at the time affixed for scrutiny.

1. Rule 23 has been altered to specify that decisions of the Branch Executive relating to the removal of Branch Officers may not be appealed to the Federal Executive or Federal Council.

1. The alterations to Rule 26 have been made to reflect the deletion of Appendix A.

1. On 1 July 2020, Chris Watt, Federal Secretary, gave consent, under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009, for the Delegate to make various amendments to the alterations for the purpose of correcting typographical, clerical or formal errors. Accordingly the following corrections have been made:

   ·   In proposed rule 8(j) an apostrophe has been added following each instance of the word ‘weeks’; and

   ·   In proposed rule 12(g) and rule 26, references to outdated legislation have been updated to reference the current legislation.

1. 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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