Mining and Energy Union

[2024] FWCD 1060

[2024] FWCD 1060

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Mining and Energy Union

(R2024/158)

CHRIS ENRIGHT MELBOURNE, 19 DECEMBER 2024

Alteration of other rules of organisation.

1. On 21 October 2024 the Mining and Energy Union (the MEU) lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to its rules. Further information in support of the alterations was lodged on 15 November and 3 December 2024.

1. The MEU 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 Rule 16 – New Rules and Alteration of Rules and Rule 17– Ballot.

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

1. During a preliminary examination of the alterations, Commission staff identified potential issues with the proposed alteration to the rule relating to the remedy of a defective nomination in connection with elections for office.[1]

1. After engaging with Commission staff, the MEU withdrew its alteration to Rule 17(iv)(b).

1. I have considered the principles set out by the majority in Re Food Preservers’ Union of Australia.[2] I am satisfied that the remaining alterations operate independently of the alteration to Rule 17(iv)(b) and severance will not affect the meaning and effect of the remaining alterations.

1. Rule 16 has been altered to correct a referencing error.

1. The amendments to Rule 17 concern minor changes to the timelines for processes such as the lodgement of Candidate Statements and minimum opening and closing periods for nominations and ballots. Further amendments to the Rule clarify that candidates cannot appoint themselves as scrutineers. The changes also set out a new process to be followed where no nominations are received (outlining the steps to be taken and the various notification obligations).

1. On 15 November 2024, Grahame Kelly, General Secretary, 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, in proposed Rule 17 the following corrections have been made:

   ·   the proposed words ‘twenty four’ have now been changed to ‘twenty-four’ consistent with the approach used for similar changes, and

   ·   the last sub-rule has been renumbered to ‘xviii’.

1. 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] See proposed alteration to Rule 17(iv)(b).

[2] (1988) 79 ALR 138.

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