Police Federation of Australia

[2021] FWCD 1236

[2021] FWCD 1236

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Police Federation of Australia

(R2020/195)

MURRAY FURLONG MELBOURNE, 12 aPRIL 2021

Alteration of other rules of organisation.

1. On 10 November 2020 the South Australia Police Branch of the Police Federation of Australia lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its Branch Rules. Further information in support of the application was provided on 22 February 2021 and 9 April 2021.

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

1. The particulars set out alterations to the following Branch Rules:

Rule 38 – POWERS AND DUTIES OF BRANCH COMMITTEE
Rule 41 – DUTIES OF THE ELECTED OFFICERS
Rule 44B - ELECTIONS
Rule 45C – ELECTION OF DELEGATES
Rule 45E – BRANCH ANNUAL CONFERENCE

1. In addition the particulars set out new Rule 52C – INTERPRETATION and delete Rule 51B – TRANSITION PROVISION TO FACILITATE RULE CHANGES.

1. Rules 38(g) and 41(e)(iv) are both altered to remove references to outdated State legislation, whilst further alterations to Rule 41(e)(iv) update the provisions of the rule by substituting superseded and retitled Commonwealth legislation with a current equivalent, where applicable.

1. Various alterations throughout Rules 44(1)(e), 44B and 45E achieve the objective of gender neutrality through various means including the substitution of male pronouns and possessive adjectives, and the use of gender-neutral nouns. The wording at Rule 44B(f)(iii)(B) has been additionally altered to ensure both gender neutrality and clear compliance with statutory requirements for Branch Returning Officers dealing with defective nominations for election.

1. Rules 44B and 45C have been altered to provide greater clarity surrounding the powers of the Branch Committee in relation to casual vacancies for workplace Delegates. More specifically, Rule 44B(a)(ii) is altered to clarify that the election of Delegates to fill casual vacancies is now dealt with under Rule 45C(d), and Rules 44B(k) and 44B(k)(i) are altered to replace any references to extraordinary vacancies, with references to casual vacancies. At Rule 45C(d) the provisions dealing with extraordinary casual vacancies have been removed and replaced by new provisions specifying how casual vacancies are to be filled.

1. Rule 45C(a) now provides clarity as to the Delegate entitlement to elections held between biennial elections, establishing that any such workgroup entitlement shall remain the same between biennial election cycles.

1. The amendment to Rule 45E(d) clarifies that the decisions and recommendations made by elected officials for the purposes of that rule are those that relate specifically to the general management or policies of the Branch.

1. Rule 51B which empowers the Branch Committee to trial a new rule for 12 months prior to its official certification has been removed.

1. New Rule 52C has been created to assist with the interpretation of individual words, references and headings that appear throughout the rules.

1. On 22 February 2021, Mark Carroll, South Australia Branch President, gave consent, under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009, for the Acting General Manager 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 Rule 44B(f)(iii)(B), the word ‘Provided’ is to be substituted by the uncapitalised word ‘provided’.

·   In proposed Rule 45C(d), the word ‘officer’ is to be substituted by the word ‘office’.

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.

ACTING GENERAL MANAGER

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