Media, Entertainment and Arts Alliance
[2019] FWCD 98
•5 MARCH 2019
| [2019] FWCD 98 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Media, Entertainment and Arts Alliance
(R2018/271)
| MURRAY FURLONG | MELBOURNE, 5 MARCH 2019 |
Alteration of other rules of organisation.
On 30 October 2018 the Media, Entertainment and Arts Alliance (the “MEAA”) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules. Additional information regarding the alterations was provided on 5 December 2018 and 17 January 2019.
The particulars set out alterations to the following rules:
2 – Objects
5 – Definitions
10 – Subscriptions
16 – Resignation from Membership
46 – Control of Federal Council by Members
50 – Powers and Duties of Chief Executive
66 – Offences and Complaints against the Code of Ethics
67 – Ethics Panel
68 – Complaints
69 – Appeals Panel
71 – Offences and Complaints
73 – Charges against Members
75 – New Rules and Alterations of Rules
79 – Elections
The alteration to Rule 2 clarifies the type of relationships that the MEAA can form with likeminded bodies.
The alteration to Rule 5 removes the duplicate definition of ‘officer’.
The alteration to Rule 10 allows for payments of a member’s annual subscription to be made by that member’s employer. Alterations also remove the words ‘not certified’ which is not defined within the Rules.
The alterations to Rule 16 enable associate members of the MEAA to resign from his or her membership. Resignation is already available to full members.
The alteration to Rule 46 allows for a member plebiscite to amend a decision of the Federal Council after a period of 5 years instead of the previous period of 25 years.
The alterations to Rule 50 require the MEAA Chief Executive to be responsible for supervising and managing senior employees. The alterations also enable the Chief Executive to delegate most of their powers and duties to any senior employee.
The alterations to Rule 66 clarify that a journalist who fails to obey a summons to a meeting of a Complaints or Appeals Panel and fails to provide a reasonable explanation for non-attendance has committed an offence against the Code of Ethics of the MEAA.
The alterations to Rule 67 amend erroneous references to the Ethics Panel to be the Ethics Committee, which is the overarching body that determines the process and operations of the Ethics complaints system. Alterations also correct erroneous references to the ‘Section Commission’ so they instead refer to the ‘National Media Section Committee’.
The alterations to Rule 68 clarify that an allegation of a breach of the Code of Conduct outlined in Rule 65 must be lodged in writing, to the President of the National Media Section and not the Ethics Panel. A new six month time limit is imposed within which such a complaint can be lodged. A new 60 day time limitation is included for complaints where further information has been requested.
The alterations to Rule 69 fix a number of typographical errors and correct the titles of the internal bodies who deal with complaints.
The alterations to Rule 71 apply the MEAA rules in relation to offences and complaints to associate members.
The alterations to Rule 73 convers the same rights and obligations in regards to violation or offences under the MEAA Rules on associate members.
The alteration to Rule 75 specifies that a simple majority of the eligible councillors is required for new rules or any rule alterations to be made.
The alterations to Rule 79 clarify that only the relevant section members, rather than all MEAA members, can vote in elections for offices to be filled by section representatives. The alterations also require all MEAA elections to be via the preferential voting system rather than then the optional preferential system. The alterations broaden the range of circumstances that an office holder may vacate their position and that vacancy can be filled by appointment by the Branch Council. An erroneous reference to an incorrect sub-rule has been amended.
On the information contained in the notice, I am satisfied the alterations have been made under the rules of the organisation.
I note that the following rulebooks contained a clerical error in Rule 14 and 56;
· 8 March 2005 in relation to matter R2004/377
· 25 August 2005 in relation to matter R2005/259
· 22 March 2006 in relation to matter R2005/338
· 24 November 2006 in relation to matter R2006/313
· 2 January 2007 in relation to matter R2006/385
· 31 March 2008 in relation to matter R2008/220
· 18 August 2008 in relation to matter R2008/305
· 16 December 2009 in relation to matter R2009/10080
· 3 November 2010 in relation to matter R2010/107
· 8 December 2010 in relation to matter R2010/132
· 31 October 2012 in relation to matter R2012/170
· 21 July 2014 in relation to matter R2013/94
· 31 October 2014 in relation to matter R2014/243
· 19 April 2016 in relation to matter R2016/39
· 6 April 2017 in relation to matter R2017/45
The certified alterations in the matter R2005/109 included an amendment to Rule 14 and insertion of a new Rule 56 which relate to the conduct of National General Meetings for the purpose of considering the auditor’s report, the general purpose financial report and the operating report of the MEAA within 7 months after the end of the financial year. These alterations do not appear in subsequent Rulebooks. As the current rules are not the true rules of the organisation it is my right and duty to correct the record.[1] In addition to the alterations being certified, the alterations to Rule 14 and Rule 56 have been reinserted.
On 24 December 2018, Simon Collins, President, gave consent, under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009, for the Delegate to make various amendments to the alterations for the purpose of correcting typographical, clerical or formal errors. Accordingly the following corrections have been made:
· MEAA has proposed a new rule 68(f)(iv) but in its application to the Commission, did not renumber rule 68(f) to include six instead of five sub-components. The proposed new rule should be at 68(iv) and the existing 68(f)(iv) and 68(f)(v) should be renumbered as 68(f)(v) and 68(f)(vi) respectively.
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
[1] Re Vehicle Builders Employees Federation of Australia (Vic Branch); Ex parte Allen 24 FLR 483.
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