Independent Education Union of Australia

[2017] FWCD 4155

[2017] FWCD 4155

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Independent Education Union of Australia

(R2017/92)

MURRAY FURLONG MELBOURNE, 22 AUGUST 2017

Alteration of other rules of organisation.

1. On 30 May 2017 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 information was provided by the organisation on 14 July 2017.

1. The particulars set out alterations to Federal Rules 4, 7, 8, 9, 13, 15 and 17. The alterations:

·   provide that branches may remove unfinancial members from the membership roll on at least 21 days’ notice, subject to the Branch Rules;

·   provide that Branch Secretaries are authorised  to enter into arrangements with an Associated Body for the management and control of assets and liabilities of the organisation and the Associated Body;

·   amend the rule governing elections, inserting a new definition of  “Branch Returning Officer”, updating the nomination process, and providing for the ballot to be counted  on a “first past the post” basis;

·   amend the powers and duties of the Federal President and Federal Secretary to clarify their respective duties and ensure that the rules reflect what occurs in practice;

·   update the methods of providing notice of meetings;

·   update the address of the organisation’s registered office; and

·   make other minor technical amendments including renumbering sub rules and deleting a redundant transitional rule.

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

1. On 14 July 2017, Christopher Watt, Federal 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 corrections have been made:

·   In proposed Rule 17(c), quotation marks have been inserted before the words “Branch Returning Officer”.

·   In proposed Rule 17(v), the reference to “18(f)(v)” has been replaced with “18(g)(v)”.

·   In proposed Rule 13(c)(ii), a comma has been inserted between “Union” and “finance”.

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

Printed by authority of the Commonwealth Government Printer

<Price code A, PR595222>