National Tertiary Education Industry Union

[2018] FWCD 1660

[2018] FWCD 1660

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

National Tertiary Education Industry Union

(R2017/269)

MURRAY FURLONG MELBOURNE, 23 MARCH 2018

Alteration of other rules of organisation.

1. On 8 November 2017 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.

1. The particulars set out alterations to Rules 36, 69 and 72.

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

1. The alteration to Rule 69 places certain nominees for office in the Union on leave without pay while the election takes place.

1. After concerns about that alteration were raised by staff of the Fair Work Commission’s Registered Organisations Section, the Union withdrew the alteration to Rule 69 on 20 February 2018.

1. The alteration to Rule 36 extends the period in which nominations for office may be lodged, if insufficient nominations are received at first instance.

1. The alteration to Rule 72 requires an office on a Branch’s Committee of Management to be elected by and from members of the Branch employed on a casual basis, if there are more than 20 such members in the Branch.

1. In my opinion, the alterations to Rules 36 and 72 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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