Independent Education Union of Australia-New South Wales/Australian Capital Territory Branch

[2016] FWCD 5812

[2016] FWCD 5812

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Independent Education Union of Australia
(R2016/125)
MR STEENSON	SYDNEY, 19 AUGUST 2016
Alteration of other rules of organisation.

[1]        On 22 June 2016 the New South Wales/Australian Capital Territory Branch of the

Independent Education Union of Australia (the Branch) lodged with the Fair Work

Commission a notice and declaration setting out particulars of alterations to the Rules of the

Branch.

[2]        The particulars of set out:

 alterations to Rules 5, 8, 12, 13, 15, 17, 18;

 the deletion of existing Rule 7, the renumbering of existing Rule 6 as Rule 7 and

alterations to that rule;

 the renumbering of existing Rule 9 as Rule 10 and alterations to that rule;

 the deletion of existing Rule 11, the renumbering of existing Rule 10 as Rule 11 and

alterations to that rule; and

 the insertion of new Rules 6, 9 and 19

[3]        On the information contained in the notice, I am satisfied the alterations have been

made under the rules of the organisation.

[4]        The alterations are intended to facilitate the transfer of the Branch’s “operations from

the NSW state industrial system (where… [the Branch] operate[s] through… [its] associated

1

body the NSW Independent Education Union) to the federal jurisdiction”.

[5]        To this end the alterations “create federal structures replicating those of the NSW

union [by creating] a Council as the supreme governing body (except in relation to finances)

above the existing Branch Executive [and creating] sub-branches that mirror the Branches in

2

the state body.”	The rule alterations also include a number of consequential and technical
amendments.

[6]        The information provided by the Branch indicates that the state Union adopted

counterpart alterations earlier in 2016.

[7]        The final form of the alterations concludes a constructive process of consultation

between the Branch and the Fair Work Commission’s Regulatory Compliance Branch.

[8]        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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1

Email from C. Matthews, Assistant Secretary, Independent Education Union of Australia New South Wales/Australian

Capital Territory Branch to Fair Work Commission dated 22 March 2016 (R2016/41)

2

Ibid