Police Federation of Australia

[2014] FWCD 1602

[2014] FWCD 1602

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Police Federation of Australia
(R2013/407)
MR ENRIGHT	MELBOURNE, 16 APRIL 2014
Alteration of other rules of organisation.

[1] On 9 October 2013 the Police Federation of Australia lodged with the Fair Work

Commission a notice and declaration setting out particulars of alterations to the rules of the
Police Federation of Australia (the union).

[2] The particulars set out alterations to the rules of the union – introducing a new set of Queensland Police Branch Rules and a set of Queensland Police Branch establishment rules. On 15 April 2014, a further declaration provided particulars for the deletion of Parts CF and CG; and amendments to rule 1A and sub-rules 14(a), 34(a) and 34(c).

[3] On 15 April 2014, the Commission also received a submission from Mr Mark Burgess, Chief Executive Officer of the union referring to rule 33(d) of the union’s rules which states that:

Rules 9, 14(b), 26(g), 26(h), 33(d), 34, 35 and Part E–Transitional Provisions, Rules 9, 9A and 9B of these Rules cannot be varied except by a resolution carried by plebiscite of the membership in each and every Branch of the Federation. Such resolution will only have effect if passed by a simple majority of financial members eligible and voting in each of the Branches of the Federation.

[4] Mr Burgess submitted that the actual intention of rule 33(d) was to ensure that a Branch could not be abolished without a plebiscite of all members, but that it was not intended to be applicable to the formation of a new Branch. Further Mr Burgess referred to rule 15A which he submitted, first, specifically provides for a streamlined process for the establishment of the Queensland Branch, and secondly, by its terms, operates notwithstanding rule 33(d). Mr Burgess also submitted it was always implied in the rules that Branches in both Western Australian and Queensland would be formed at some time in the future and therefore the PFA rules were developed to ensure that there were no undue obstacles to their formation. As such, the alterations which were made by resolution of the Federal Council were made in accordance with the rules of the union.

[5] I accept the line of reasoning outlined by Mr Burgess in the submission of 15 April

2014 and accordingly I am satisfied that the alterations were made under the rules of the
organisation.
[2014] FWCD 1602

[6] On 15 April 2014 Mr. Vince Kelly, President of the union, gave consent, under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009, for the Delegate to make various amendments to the alterations for the purpose of correcting typographical, clerical or formal errors. Accordingly the following corrections have been made:

 In proposed sub-rule 6(a) insertion of a space between the words “the” and

“application”.

 In proposed sub-rule 8(i) capitalisation of the term “officers register” to read

“Officers Register”.

 In proposed sub-rule 8(k) capitalisation of the term “branch register” to read

“Branch Register”.

 In proposed sub-rule 10(e) replacement of “sib-rules (c) and (d)” with “sub-rules (c)

and (d)”.

 In proposed sub-rule 10(e) renumbering of the second (i), (ii) and (iii) as (iv), (v)

and (vi).

 In proposed sub-rule 10(f)(vi) removal of the full stop after the word “Sub-branch”.

 In proposed sub-rule 12(c) capitalisation of the word ‘federation’ to read

“Federation”.

 In proposed sub-rule 12(d) replacement of “rule-rule (c)” with “sub-rule (c)”.  In proposed sub-rule 21(e)(i) replacement of “other day” with “another day”.

 In proposed sub- rule 21(j)(vii) insertion of the number “14” before the word “days”

and replacement of the number “7” with the number “5”.

 In proposed sub-rule 23(i)(i) insertion of the number 14 before the word “days”.

 In proposed sub-rule 28(f) deletion of the full stop between the words “Branch

Secretary” and “authorise”.

 In proposed sub-rule 38(b)(i) insertion of the word “of” after the word “member”.

 In proposed sub-rule 85(g)(iii)(2) insertion of the word ‘the’ in front of “Fair Work

Commission”.

 In proposed sub-rule 86(a)(vi) insertion of the word ‘the’ in front of “Fair Work

Commission”.

 In proposed sub-rule 90(a) insertion of a colon “:” after the word “of”.

 In proposed sub-rule 91(c) replacement of “Assistant Branch Secretary” with

“Branch Assistant Secretary” (to be twice replaced in the same sub-rule).

 In proposed sub-rule 96(g)(iv) insertion of the word “the” before “lawyer and the

Members, save as is authorised by the Member pursuant to this rule.”

 In proposed sub-rule 1(k) of Schedule 2 replacement of “in the discretion of the

Branch” with “at the discretion of the Branch”.

 In proposed sub-rule 1(m) of Schedule 2 replacement of “in the discretion of the

Branch” with “at the discretion of the Branch”.

[7] 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.

[8] I note, however, that although I have certified new sub-rule 96(d)(iii), its application may need to be read down subject to any relevant provisions of the Privacy Act 1988 (Cth).

[2014] FWCD 1602

DELEGATE OF THE GENERAL MANAGER

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