National Tertiary Education Industry Union

[2015] FWCD 4088

[2015] FWCD 4088

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
National Tertiary Education Industry Union
(R2015/119)
MR ENRIGHT	MELBOURNE, 19 JUNE 2015
Alteration of other rules of organisation.

[1]        On 28 May 2015 the National Tertiary Education Industry Union (the Union) lodged

with the Fair Work Commission (the Commission) a notice and declaration setting out

particulars of alterations to the rules of the Union.

[2]        The particulars set out alterations to the rules, in particular the deletion of rule 70B (b)

(ii) of the rules of the Union. The application was lodged as a consequence of an undertaking

given by the organisation in connection with the alterations in R2013/128 approved by the

Delegate to the General Manager (the Delegate) on 31 December 2014. The undertaking was

provided by the National Education and Training Officer, with the authority of the General

Secretary and National Officers, to take to the National Council an alteration to the Union

rules to delete the existing rule 70B (b) (ii).

[3]        The reason for the undertaking to delete rule 70B (b) (ii) was that, in my view, rule

70B (b) (ii) was contrary to or inconsistent with the secret ballot requirements of section

143(1)(e) of the Fair Work (Registered Organisations) Act 2009.

[4]        During assessment of the application it was noted in the Declaration of the Secretary

that the National Council ballot closed at 4 pm on 13 March 2015.

[5]        The Commission was subsequently advised in writing by Grahame McCulloch, the

General Secretary of the Union, that the ballot closed at 4 pm on 27 April 2015. Given that

the application was lodged on 28 May 2015, I am satisfied that this amended date complies

with the requirements of regulation 126(1) of the Fair Work (Registered Organisations)

Regulations 2009 (the Regulations) which provides that the organisation must lodge with the

Commission a notice setting out the particulars of the alteration within 35 days of that

alteration being made.

[6]        It was also noted that the Declaration was silent as to whether the notice of the rule

alteration had been published on the Union website. Further inquiries established that the

notice had been published on the Union website.
[2015] FWCD 4088

[7]        On the information contained in the notice, I am satisfied the alterations have been

made under the rules of the organisation.

[8]        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

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