Independent Education Union of Australia
[2018] FWCD 1534
•12 APRIL 2018
| [2018] FWCD 1534 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Independent Education Union of Australia
(R2017/253) (R2017/293)
| MURRAY FURLONG | MELBOURNE, 12 APRIL 2018 |
Alteration of other rules of organisation.
On 27 October 2017 and 11 December 2017 the South Australia Branch (the Branch) of 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 (R2017/253). On 11 December 2017, the Branch lodged another notice and declaration setting out particulars of further alterations to its rules (R2017/293).
Together, the particulars set out alterations to Branch rules 1, 3, 5, 9, 10, 11, 12 and 13 and insert new rules 14 and 15. Following correspondence from staff of the Registered Organisations Section of the Commission expressing concerns with proposed new sub rule 9.2, on 14 March 2018 the Branch Secretary Glen Seidel wrote to the Commission withdrawing the proposed sub rule.
The alterations under consideration:
· Clarify and refine the powers and duties of Branch Executive and individual officers. Amongst other things, the alterations provide that the Branch Executive may form ad-hoc or ongoing Committees including a Management Committee with oversight of the union’s finances, management of employees and other matters arising between meetings of the Branch Executive. Other alterations reflect provisions in the Federal rules pertaining to levies, capitation fees, forwarding information to the Federal Secretary and making loans, grants and donations.
· Insert a new rule providing for Sub-Branch representation. Sub-Branches are formed at a workplace level or based on a Special Interest group as defined by the Branch Executive. Each Sub-Branch is required to elect one or more Sub-Branch Representatives, whose functions include enrolling and supporting union members, convening Sub-Branch meetings and acting as a medium of communication between members, the union and the workplace.
· Insert a new rule providing for Annual and Special General Meetings of members to be held, and for either meeting to refer any question, motion or decision to a referendum of Branch members. The result of a referendum will be binding on the Branch. The rule also provides for meetings of special interest groups at the discretion of the Secretary or the Branch Executive.
· Provide for the appointment of life members of the union by an Annual General Meeting or Special Conference. A life member will be treated as a financial member for the purposes of the rules. I note that the rules of the union do not provide for the removal of members who have ceased to be eligible for membership. As a result, having joined the union a person may remain a member[1] until they resign, are expelled under Federal rule 23A or until their membership ceases via the operation of section 171A of the Fair Work (Registered Organisations) Act 2009 (RO Act). This provision does not alter this situation.
· Make minor amendments including updating a legislative reference.
On the information contained in the notice, I am satisfied the alterations have been made under the rules of the organisation.
On 14 March 2018, Glen Seidel, Branch Secretary, gave consent under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009 for me to make various amendments to the alterations for the purpose of correcting typographical, clerical or formal errors. Accordingly the following correction has been made:
· In proposed rule 11.1, Fair Work Act 2009 has been replaced with Fair Work (Registered Organisations) Act 2009.
In my opinion, the alterations comply with and are not contrary to the RO Act, 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 RO Act.
DELEGATE OF THE GENERAL MANAGER
[1] See for example Cameron v Duncan (1965) 8 FLR 148; Troja v Australasian Meat Industry Employees’ Union (Victorian Branch) (1978) 46 FLR 340, 346-348; Bailey v Krantz (1985) 13 IR 339, 381-2.
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