National Tertiary Education Industry Union

[2024] FWCD 1027

[2024] FWCD 1027

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

National Tertiary Education Industry Union

(R2023/133)

CHRIS ENRIGHT MELBOURNE, 1 APRIL 2024

Alteration of other rules of organisation.

1. On 11 December 2023 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 its rules.

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

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

1. The proposed alterations set out the deletion of all the Union’s rules—other than the eligibility rules—and insert proposed new rules. The eligibility rules have been moved into a schedule.[1]

1. The proposed alterations are the culmination of an “a major [internal] operation carried out since mid-2022”,[2] followed by extensive engagement with subject matter experts at the Commission.

1. Although the way the alterations were transacted means many changes have been made, the essence of the existing provisions has often survived. The alterations largely refine existing rights, duties, obligations and powers, rather than fundamentally revising the way the union is governed and its affairs managed. For instance, various alterations:

   ·   correct grammar and capitalisation;

   ·   improve expression;

   ·   adopt contemporary language;

   ·   clarify the meaning and application of existing provisions;

   ·   refine existing provisions;

   ·   simplify existing provisions; or

   ·   remove redundant and otiose provisions.

2. As a consequence the proposed alterations make the Union’s rules easier to read, interpret, and apply. That is liable to promote good governance, the effective operation of the Union and high standards of accountability to the Division’s members.[3] Making it easier for members to understand how the union is governed and their participatory rights would also tend to encourage member participation in the Union’s affairs[4]and provide for its democratic functioning.[5]

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 Schedule 1.

[2] See the second paragraph of the 11 December 2023 cover letter signed by the Union’s Senior Legal Officer, Campbell Smith.

[3] See s.5(3)(a) & (c) of the Act.

[4] See s.5(3)(b) of the Act.

[5] See s.5(3)(d) of the Act.

Printed by authority of the Commonwealth Government Printer

<PR772884>