Media, Entertainment and Arts Alliance

[2023] FWCD 4

[2023] FWCD 4

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Media, Entertainment and Arts Alliance

(R2023/15)

PATRICK MCCARTHY MELBOURNE, 13 JUNE 2023

Alteration of other rules of organisation.

1. On 21 February 2023 the Media, Entertainment and Arts Alliance (the MEAA) lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to its rules. A further declaration and other materials in support of the alterations were lodged on 26 April 2023, 2 May 2023, 19 May 2023 and 8 June 2023.

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

1. The particulars set out alterations to rules 2, 7, 10, 13, 16, 27, 41, 42, 71, 72, 79 and 80, and insert a new Schedule A – MEAA Officers’ Code of Conduct.

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

1. The purpose of the alterations is to:

• modernise the objects of the union;

• clarify when honorary membership may be maintained;

• clarify the manner of resignation, both from office and from membership of the MEAA;

• remove an internal inconsistency in the rules about the number of Vice Presidents a branch shall have;

• remove the default requirement to hold an ordinary meeting of the MEAA’s Federal Council in November;

• remove the requirement for Branch Councils to submit Returning Officer reports to Annual General Meetings;

• remove the offence of knowingly working with a non-unionist without notifying another official;

• remove references to entrance fees to reflect previous rule alterations; and

• insert a new Officers’ Code of Conduct.  

1. A preliminary examination of the alterations by Commission staff gave rise to potential issues regarding the proposed alterations that relate to removal from office and resignation from membership. Following discussions between Commission staff and the MEAA, the organisation has withdrawn alterations to the following:

·  Rule 16(a);

·  Rule 16(a)(i); and

·  Rule 16(a)(ii).

1. Furthermore, the organisation has advised it will seek external legal advice about the issues raised relating to removal from office. In the interim, the MEAA has asked me to defer consideration of the alterations to the following rules:

·  Rule 71(a)(ix);

·  Rule 71(b);

·  Rule 72;

·  Rule 79(d)(iii) and

·  Schedule A – MEAA Officers’ Code of Conduct.

1. I have considered the principles set out by the majority in Re Food Preservers’ Union of Australia (1988) 79 ALR 138, and I am satisfied that the remaining alterations operate independently of the alterations listed above, and severance will not affect the meaning and effect of the remaining alterations. In the circumstances it is appropriate to hold those alterations in abeyance whilst determining the remainder of the alterations that are currently before me.

Removing the requirement that a Branch has three Vice Presidents

1. The proposed alterations delete current rule 27 – Branch Vice Presidents, which states that there shall be three Branch Vice Presidents. The reasoning given by the MEAA is that rule 27 is incompatible with current subrule 19(c), which provides for two distinct branch structures. Under the current rules, the election of Vice Presidents in subrule 19(c)(2) is restricted to branch sections with more than 500 financial members, however several MEAA branches do not meet this threshold. The effect of the rule changes will mean that branches may have a branch structure with three fixed Vice-Presidents, or Vice-Presidents representing sections with more than 500 members. Furthermore, the MEAA has lodged submissions confirming that this alteration will not result in a loss of office holders. I accept these submissions.

1. On 1 May 2023, Simon Collins, Federal President, gave consent under subsection 159(2) of the Act 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 rule 19(i), the reference to rule 79(u) is changed to 79(t); and

·   In proposed rule 79(t), the reference to sub-rule (w) is changed to sub-rule (v).

1. With the exception of the proposed alterations to rules 16(a), 16(a)(i), 16(a)(ii), 71(a)(ix), 71(b), 72, 79(d)(iii) and Schedule A – MEAA Officers’ Code of Conduct, the alterations – in my opinion – 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 have been made under the rules of the organisation. I certify accordingly under subsection 159(1) of the Fair Work (Registered Organisations) Act 2009. The remaining alterations will be further considered in due course.

DELEGATE OF THE GENERAL MANAGER

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