Media, Entertainment and Arts Alliance

[2023] FWCD 18

[2023] FWCD 18

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Media, Entertainment and Arts Alliance

(R2023/82)

CHRIS ENRIGHT MELBOURNE, 8 SEPTEMBER 2023

Alteration of other rules of organisation.

1. On 22 August 2023 the Media, Entertainment and Arts Alliance (MEAA) lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to its rules. Further materials in support of the alterations were lodged on 29 August 2023 and 5 September 2023.

1. The MEAA seeks certification of the alterations under section 159 of the Fair Work (Registered Organisations) Act 2009 (the Act).

1. On the information contained in the notice, declarations and further information provided on 29 August 2023 and 5 September 2023, I am satisfied the alterations have been made under the rules of the organisation.

1. The particulars set out alterations to Rule 79 – Elections and Rule 80 – Formula for Election of Federal, Branch and Section Delegates and Voting at Federal Council.

1. The alterations relate to the election of Federal Vice Presidents and the formula to be applied when determining the number of positions required to be filled. The current rules provide for 5 Federal Vice Presidents, with the number for each section or group of sections to be determined by Rule 80.[1] The MEAA advised that the formula set out in current subrule 80(c) is complicated and generates an inequitable situation that does not achieve proper representation on the Board, in particular for musicians.[2] The MEAA explained that the current formula is “based on subscription fee income at 30 June from the previous year, which is then divided by an arbitrary $200 to arrive at a “notional” number of members in each section, and then the five positions are divided up based on each section’s share of the total notional membership figure”.[3] I accept this summation of the current rules.

1. In contrast, the new formula proposed by the alterations allocate “one or a maximum of two Vice President positions to national sections at two thresholds of actual membership numbers, being 1500 or 3000”.[4] I accept this as an accurate characterisation of the alterations. The MEAA further advised that the alterations are intended to provide for genuine and equitable representation and to address “[t]he broader issue… that our rules should sustain our ability to build a succession plan for honorary roles at the highest level of union democratic governance by building the leadership structure across all national sections”.[5]

2. In my opinion, the alterations comply with and are not contrary to the Act, the Fair Work Act 2009, modern awards and enterprise agreements, are not otherwise contrary to law and were made under the rules of the organisation. I certify accordingly under subsection 159(1) of the Act.

DELEGATE OF THE GENERAL MANAGER

[1] Sub-rule 79(c)(1)(vi) of the current MEAA rulebook.

[2] See the Summary of Proposed Alterations attached to the 22 August 2023 Declaration of MEAA Federal President Simon Collins.

[3] Ibid.

[4] Ibid.

[5] Ibid.

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