National Electrical and Communications Association

[2020] FWCD 3432

[2020] FWCD 3432

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

National Electrical and Communications Association

(R2020/63)

MURRAY FURLONG MELBOURNE, 14 july 2020

Alteration of other rules of organisation.

1. On 22 May 2020, the National Electrical and Communications Association (NECA) lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to the rules of NECA.

1. The notice of particulars indicates that NECA has adopted a new set of rules which effectively replaces the rules of NECA as they presently stand. All of the provisions of the rules have been amended in some form including those constituting the eligibility rules of NECA.

1. The alterations to the eligibility rules constitute the deletion of rules 3 and 5(a) and the insertion of new sub-rules 1.2, 8.1 and 8.2 and are subject to a separate application made by NECA under section 158 of the Fair Work (Registered Organisations) Act 2009 (the Act).[1]

1. The present matter pertains to the alterations to the non-eligibility rules of NECA.

1. The key aspect of the alterations is the abolition of the seven separate sets of Chapter Rules and the consolidation of provisions pertaining to the Branches of NECA (as the Chapters have been renamed) within a single set of rules.

1. The essential features of the rules remain substantially the same regarding matters such as the identity, duties and powers of officers and committees and the custody and disposal of property and funds within and across a national and branch level. I note that, rather than providing that the members of the Branches may adopt rules, the new set of rules specify that the Branches may adopt Guidelines, By-laws, Directions or Orders regarding the business and procedure of the Branch. The Branches are afforded a level of autonomy and flexibility with respect to the establishment and composition of its governing bodies which reflects the varying provisions currently set out in the Chapter Rules regarding such matters.

1. Rule 61 provides that the current officers within NECA will continue to hold office after certification of the alterations in accordance with the terms of office set out in the rules that currently pertain.

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

1. On 23 June 2020, Mr Suresh Manickam, National Secretary, 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:

·   In proposed rule 27.1(a) the words “Branch Office-Bearers” have been omitted and replaced with the words “Branch Office-bearers”;

·   In proposed rule 38.1 the words “Branch office-bearers” have been omitted and replaced with the words “Branch Office-bearers”;

·   The words “,Branch Executive” have been omitted from the heading of rule 38;

·   In proposed rule 38.1 the words “Branch Executive” have been omitted;

·   In proposed rule 53.3 the words “comprising the Branch Office-bearers and Branch Secretary” have been inserted after the word “Executive” at the end of the sentence;

·   In proposed rule 56.1 the words “Office-bearers” have been omitted and replaced with the words “Office-bearers” twice.

1. 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

<PR720622>

[1] Matter D2020/3

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