Police Federation of Australia

[2018] FWCD 7120

[2018] FWCD 7120

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Police Federation of Australia

(R2018/278)

MURRAY FURLONG MELBOURNE, 27 NOVEMBER 2018

Alteration of other rules of organisation.

1. On 9 November 2018 the Police Federation of Australia - Queensland Police Branch 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:

Part CF2, Queensland Police Branch Rules, Rule 56 – Distributing Voting Material. 

1. The alteration will enable candidates for an election of office positions within the Police Federation of Australia, Queensland Branch or Sub-branches to submit to the Returning Officer of that election a supporting statement. This supporting statement must be a single sided A4 page and can contain words, images and/or photographs. The alteration also specifies the grounds on which a Returning Officer can reject a submitted supporting statement and mechanisms in which a candidate can rectify a rejected supporting statement. This supporting statement is to be sent to all members eligible to vote along with other voting materials to allow for those members to engage in an informed voting process.

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

1. On 22 November 2018, Ian Leavers, Branch President, gave consent, under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009, for the Delegate to make an amendment to the alterations for the purposes of correcting a typographical, clerical or formal error. Accordingly the following correction has been made:

·  Proposed sub rule (f) has repeated ‘(ii)’ in the sequence of paragraph numbering, whereas the numbering should (consistent with the resolution) be ‘(i), (ii), (iii) and (iv)’;

·  The third column of proposed sub-rule (g) does not have the words ‘if it’ at the end of the introductory words of sub-rule (g) and the words ‘if it’ and ‘it’ have been inadvertently inserted (respectively) at the commencement of sub-rules (i) and (ii), whereas the Resolution provides the words ‘if it’ are to be at the end of the introductory words of sub-rule (g) i.e

‘…under sub-rule (f) if it:’; and

·  In proposed sub-rule (g) a’,’ has been inadvertently added following the words ‘Part CF2 rule’ whereas there is a single comma in the resolution that appears at the commencement of the line:

‘, and a supporting…’

1. 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 RETURNING OFFICER

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