Independent Education Union of Australia

[2019] FWCD 6614

[2019] FWCD 6614

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Independent Education Union of Australia

(R2019/119)

MURRAY FURLONG MELBOURNE, 13 DECEMBER 2019

Alteration of other rules of organisation.

1. On 19 September 2019 the Queensland and Northern Territory Branch (the Branch) of the Independent Education Union of Australia lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules. Further material in support of the application was received on 23 September 2019.

1. The particulars set out alterations to rules:

   7 – Branch Executive and Branch Committee of Management and Meetings
   10 – Elections of Branch Executive and Officials
   20 – Transitional Provisions

   and creates new rule:

4A – Establishment within Queensland Division of Sub-Branches (to be known as Area Councils)

1. On the information contained in the notice and the correspondence received on 23 September 2019, I am satisfied the alterations have been made under the rules of the organisation.

1. The alterations are intended to operate as a package. They alter the way that the Branch Executive is elected.

1. The Branch Executive is the supreme governing body of the Branch. Presently, it consists of thirty-four members. Of those, five are elected by and from the whole of the Branch membership that is employed, or if not employed resident, in the Northern Territory. Twenty-nine are elected by and from the whole of the Branch membership employed, or if not employed resident, in Queensland. The term of office is four years. Scheduled elections last occurred in 2016.

1. Under the proposed rules there will continue to be thirty-four members of the Branch Executive. However, the Branch proposes to elect them as follows:

·   five members of the Branch Executive will be elected by all financial members employed, or if not employed resident, in the Northern Territory;

·   fourteen members of the Branch Executive will be elected by all financial members employed, or if not employed resident, in Queensland

·   thirteen members of the Branch Executive will be elected by and from the members attached to geographically based Queensland sub-branches. The sub-branches are known as Area Councils. Members are attached to the Area Council in which they are employed or if not employed, reside. Each Area Council’s membership is entitled to elect one Branch Executive Member; and

·   two Branch Executive members elected by Area Councils established on occupational rather than geographical grounds. The two membership categories are Early Childhood and Principals. Members employed or usually employed in Queensland in the relevant occupations will be attached to those Area Councils. Each area Council shall elect from amongst its own one Branch Executive member, on a State wide basis.

1. No member of the Branch shall be attached to more than one Area Council.

1. Transitional arrangements have been put in place to ensure that the current members of the Branch Executive continue to hold office for the remainder of their term of their office.

1. The alterations to Branch Rules 7, 10, 20 and new Rule 4A, which give effect to the proposal, are summarised below.

1. Rule 4A provides for the establishment of Area Councils. It sets out the proposed geographic and occupation based Area Councils. It describes how each member in Queensland will be allocated to an Area Council. It empowers the Branch Executive to form other Area Councils in Queensland.

1. Rule 7 determines, amongst other things, the composition of the Branch Executive. It has been amended to provide for Branch Executive members who are elected on an Area Council basis.

1. Rule 10 lays out the manner of election of the Branch Executive. It has been altered to provide for the election of Area Council based Branch Executive members.

1. The alterations to Rule 20 update the transitional provisions in the of the rules to reflect the current composition of the Branch Executive. The amendments also stipulate that the upcoming election will be held in accordance with the rule alterations proposed in this application. In addition, some redundant transitional provisions have been removed.

1. On 20 November 2019 Terry Burke, Branch Secretary, gave consent, under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009, for the Delegate to amend the alterations for the purpose of correcting a typographical, clerical or formal error. Accordingly the following correction has been made:

·   Cameron Love has been included in the table in proposed Rule 20.1.

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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