National Tertiary Education Industry Union

[2020] FWCD 6319

[2020] FWCD 6319

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

National Tertiary Education Industry Union

(R2020/192)

MURRAY FURLONG MELBOURNE, 8 DECEMBER 2020

Alteration of other rules of organisation.

1. On 9 November 2020 the National Tertiary Education Industry Union (the Union) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules. A supplementary declaration was lodged on 19 November 2020.

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

1. The particulars set out alterations to Schedule H.  

1. Earlier this year the Union inserted Schedule H into its rules.[1] The content of the Schedule is aimed at addressing certain problems that may arise in the operations of the Union as a result of the COVID-19 pandemic.

1. The Union submits that the Schedule was not intended to have effect beyond 2020. However, due to continuing uncertainties and having regard to the delays in the completion of elections, the Union seeks to alter the Schedule to provide for its operation until 1 June 2021.

1. Item 7 has been added to the Schedule which provides that where the declaration of an election for an office has been delayed as compared to when that declaration would have occurred in the ordinary course (including where that declaration is delayed until 2021), the delay shall not change the expiry of the term of office. The term of office which commences later than contemplated by the Union’s rules will be shortened by an equivalent amount. Item 7 is intended to ensure that terms of office are back in sync at the start of the next election cycle, to minimise potential disruptions in future elections.

1. For example, Rule 68A states that except where specifically provided, a term of office that is expressed as being for ‘two years’ shall expire on 16 October in the next even numbered year following the election. As this date has already elapsed and elections may be delayed until 2021, Item 7 prevents the new term of office continuing into 2023 as ordinarily such a term would expire in the next even numbered year, being 2022.

1. In my opinion, the alterations comply with and are not contrary to the Fair Work (Registered Organisations) Act 2009 (the Act), 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 Act.

DELEGATE OF THE GENERAL MANAGER

[1] National Tertiary Education Industry Union [2020] FWCD 3548.

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