Industrial Staff Union - PSA of NSW

[2020] FWCD 2040

[2020] FWCD 2040

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Industrial Staff Union - PSA of NSW

(R2019/149)

MURRAY FURLONG MELBOURNE, 30 APRIL 2020

Alteration of other rules of organisation.

1. On 25 November 2019 the Industrial Staff Union - PSA of NSW (the ISU) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules. On 17 April 2020, the Commission received further information from Chris Bird, Secretary of the ISU, with respect to the rule altering procedure.

1. The particulars set out alterations to:

   Rule 14 – Elections for Officers;
   Rule 15 – Filling of Casual Vacancies; and
   Delegate By-Laws - Chapter 1

2. The alteration to sub-rule 14(4) provides that the order of candidates on a ballot paper will be determined by drawing the candidates’ names from a hat.

1. The alteration to rule 15 states that where an office holder takes a period of leave not exceeding 8 weeks, the Management Committee can appoint someone to the role on a temporary basis, subject to ratification at the next general meeting of members. I note that where the alteration refers to the filling of a “vacancy”, it contemplates a temporary absence of the office holder as opposed to a “casual vacancy”. Rules providing for the filling of casual vacancies must comply with section 146 of the Fair Work (Registered Organisations) Act 2009 (the RO Act).

1. The Delegate By-Laws provide for the election of Authorised Delegates by the membership. The functions of Authorised Delegates are set out in rule 33. The alterations delete the existing Delegate By-Laws and insert a new provision in its place. Authorised Delegates do not hold office within the meaning of the RO Act.

1. On the information contained in the notice and subsequently provided by Chris Bird, I am satisfied the alterations have been made under the rules of the organisation.

1. I note that the following rulebooks contained a clerical error in Rule 24:

·   5 November 2014 in relation to matter R2014/260; and

·   9 March 2016 in relation to matter R2016/19.

1. The certified alterations in matter R2014/260 included an amendment to sub-rule 24(4) to replace the word “decisions” with “advice”. The word “decisions” was not deleted. As the current rules are not the true rules of the organisation it is my right and duty to correct the record.[1] Consequently, in addition to the alterations being certified, sub-rule 24(4) has been corrected.

1. 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] Re Vehicle Builders Employees Federation of Australia (Vic Branch); Ex parte Allen 24 FLR 483.

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