National Union of Workers NSW Branch; National Union of Workers

[2019] FWC 6759

[2019] FWC 6759

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009
s.151(1) RO Act—Rules of organisations

National Union of Workers NSW Branch; National Union of Workers
(D2019/19)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 1 OCTOBER 2019

Membership Agreement with State Registered Union.

[1] On 26 September 2019, the National Union of Workers NSW Branch (the Union) entered into an agreement with the National Union of Workers (the Organisation) that the members of the Union who, under the eligibility rules of the Organisation, are not eligible to be members of the Organisation are, subject to the provisions in the Schedule, eligible to become members of the Organisation. On the same day, an application was lodged with the Fair Work Commission pursuant to s.151(1) of the Fair Work (Registered Organisations) Act 2009 (RO Act).

[2] On the basis of the material contained in the application and the accompanying statement of Mr Paul Richardson, pursuant to s.151(5) of the RO Act I am satisfied the agreement:

(a) is not contrary to:

(i)  Parliament's intention in enacting the RO Act as set out in s.5; or

(ii) any object of the RO Act or the Fair Work Act2009 (FW Act); or

(iii) any subsisting order made by the Commission relating to the Organisation's eligibility rules; or

(iv) any subsisting agreement or understanding of which the Commission is aware that deals with the Organisation's entitlement to represent under the RO Act, or the FW Act, the industrial interests of a particular class or group of employees; and

(b) was entered into only for the purpose of:

(i)  overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the Organisation or in the conduct of its affairs; or

(ii)  encouraging and facilitating an amalgamation between the Organisation and another organisation of employees.

[3] I therefore direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1) of the RO Act.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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