Maritime Union of Australia, the

[2013] FWCD 9628

[2013] FWCD 9628

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
The Maritime Union of Australia
(R2013/415)
MR ENRIGHT	MELBOURNE, 10 DECEMBER 2013
Alteration of other rules of organisation.

[1] On 18 October 2013 The Maritime Union of Australia (the MUA) lodged with the Fair Work Commission a notice and declaration setting out particulars of an alteration to the rules of the MUA.

[2]        The particulars set out an alteration to sub-rule 56(c) of the rules of the MUA.

[3] In accordance with the requirements of the Fair Work (Registered Organisations) Amendment Act 2012 (the Amendment Act) the MUA previously lodged an application on 28 June 2013 to alter the rules of the MUA, in order to provide for specified disclosures, the implementation of policies relating to expenditure and the mandatory training of officers with duties that relate to the financial management of the MUA. I certified that matter R2013/90 on 16 September 2013. That application included the insertion of sub-rule 56(c).

[4] On 28 June 2013 further amendments to the Amendment Act were passed by Parliament. The Commission wrote to the MUA on 12 July 2013 to provide a summary of the changes, and advised that the MUA may wish to consider the implications of the further amendments upon the proposed alterations.

[5] On 2 September 2013 the Commission wrote to the MUA recommending the consideration by the MUA in relation to the further legislative amendments of 28 June 2013, and its impact upon the rulebook. In particular, it recommended altering the proposed rule 56(c) to encompass the new provisions of s.148C(2A) of the Amendment Act. Whilst this discrepancy did not affect the Commission’s ability to certify the proposed alterations, the Commission proposed that the MUA might wish to remove the unnecessary disclosure requirements from its rulebook.

[6] On 11 September 2013, Mr Padraig Crumlin, the National Secretary of the MUA lodged a written response to the Commission. Mr Crumlin advised that the MUA would consider lodging a further application for alteration of the MUA rules in reference to the abovementioned recommendation, subsequent to the certification of the matter in R2013/90.

[2013] FWCD 9628

[7] The declaration which was lodged on 18 October 2013 in this current application was

silent on whether the members of the MUA had endorsed the proposed alterations at a Special
Meeting in accordance with Rule 60(e) of the Union’s rulebook.

[8]         Rule 60(f) of the MUA’s rulebook states “Notwithstanding anything in this Rule

National Council shall have the power to change the Rules to meet any requirement of the

Act without referring such changes to the members for endorsement”.

[9] Despite having some reservations, I have taken into consideration that the proposed alterations are specifically relevant to the proposed alterations in matter R2013/90, which were a requirement of the Amendment Act, and that the subject of the proposed alterations is the result of further legislative amendments to the Amendment Act. I am of the view that in these circumstances, the National Council may alter its rules pursuant to Rule 60(f) of the Union’s rulebook.

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

[11] 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.

[2013] FWCD 9628

DELEGATE OF THE GENERAL MANAGER

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