Police Federation of Australia

[2014] FWC 2026

[2014] FWC 2026

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009
s.158(1) RO Act—Rules of organisations

Police Federation of Australia
(D2010/5025)

VICE PRESIDENT WATSON SYDNEY, 28 MARCH 2014

Rules of Organisations - Alteration to eligibility rules - Police Federation of Australia - conditions of eligibility for membership in Western Australia.

[1] This decision concerns an application by the Police Federation of Australia (PFA) for consent under s.158(1) of the Fair Work (Registered Organisations) Act 2009 (the RO Act) to alter its eligibility rules. The alteration deals with the conditions of eligibility for membership in Western Australia. This matter is intended to supersede an earlier application (D2008/125).

[2] The particular rule that the PFA seeks to alter is its Eligibility for Membership rule, rule 3(iii). The amendment to the rule is to include the following words:

“Persons in Western Australia who are either appointed under the Police Act 1892 (WA) and employed by the Commissioner of Police of Western Australia or employed as police recruits provided nothing in this sub rule will render persons employed under the Public Sector Management Act 1994 (WA) as eligible for membership of the Union.”

Consequential amendments following the insertion of the new clause are for rule 3(iii) to become 3(iv), rule 3(iv) to become rule 3(v) and Rule 3(v) to become rule 3(vi).

[3] The application was published in the Commonwealth of Australia Gazette, GN3 on Tuesday 25 January 2011. The Community and Public Sector Union (CPSU) filed an Objection to this application on 14 February 2011. The application was adjourned for a considerable period to allow discussions between the parties and the conclusion of the related proceeding in the Western Australian Industrial Relations Commission.

[4] At the hearing on26 March 2014, Mr M Burgess appeared on behalf of the PFA and Mr M Perica appeared for the CPSU.

[5] In order to provide consent to the rule change, the Commission must be satisfied that the change has been made under the rules of the organisation. I am satisfied from the information provided by the PFA that the application has been made in accordance with rule 31, and at a Federal Council meeting held on 9 November 2011, that a meeting with a full quorum endorsed the rule change.

[6] Having regard to the application and attached documents filed, and the settlement of the CPSU objection, I find that there is not another organisation to which the persons who will become eligible for membership by virtue of the rule change could more conveniently belong and would more effectively represent those persons.

[7] In my view there are no other grounds to withhold consent to the rule changes. I consent to the rule change with effect from 14 April 2014.

VICE PRESIDENT WATSON

Appearances:

Mr M Burgess or the Police Federation of Australia.

Mr M Perica for the Community and Public Sector Union.

Hearing details:

2014.

Melbourne.

March 26.

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