National Union of Workers

[2016] FWCD 3497

[2016] FWCD 3497

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
National Union of Workers
(R2015/258 & R2016/25)
MR ENRIGHT	MELBOURNE, 8 JUNE 2016
Alteration of other rules of organisation.

[1]        On 25 November 2015, the National Union of Workers (the organisation) lodged with

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

of alterations to the rules of the organisation.

[2]        The particulars delete existing rules 54, 55, 58, 59, 60, 63 and 64 and introduce a new

rule 54 to the rules of the organisation. New rule 54 outlines the procedures surrounding

obtaining, maintaining and ceasing membership (the first alterations).

[3]        On 25 February 2016, the organisation lodged with the Commission a second notice

and declaration setting out further particulars of alterations to the rules of the organisation.

[4]        The additional particulars alter existing rule 14D and insert new rule 75A into the rules

of the organisation. New rule 75A introduces Associate Community Membership (the second

alterations).

[5]        Following consultations with the staff of the Commission, on 9 March 2016, the

organisation lodged a final set of alterations (the third alterations).

[6]        These particulars alter proposed rule 54 to address possible concerns in the first

alterations.

[7]        The particulars and declarations were examined for compliance with the rules and

regulation 126 of the Fair Work (Registered Organisations) Regulations 2009. Consequently

the staff of the Commission engaged with officers of the organisation. Further information

was received from the organisation. A final declaration was lodged on 6 June 2016.

[8]        On the information contained in the notices and supporting declarations, I am satisfied

that all three sets of alterations have been made under the rules of the organisation.

[9]        On 14 April 2016, the Commission received consent from Timothy Kennedy, General

Secretary, under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009, for

me to make an amendment to the alterations for the purpose of correcting typographical,
[2016] FWCD 3497

clerical or formal errors. Accordingly the reference to sub-rule 54.2.6 in proposed sub-rule

54.2.9 has been corrected to sub-rule 54.2.5.

[10]      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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