Police Federation of Australia

[2020] FWCD 4600

[2020] FWCD 4600

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Police Federation of Australia

(R2020/90)

MURRAY FURLONG MELBOURNE, 14 SEPTEMBER 2020

Alteration of other rules of organisation.

[1] On 2 July 2020 the Australian Federal Police Association Branch (the Branch) of the Police Federation of Australia lodged with the Fair Work Commission (Commission) a notice and declaration setting out particulars of alterations to its rules.

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

[3] The particulars set out alterations to Branch Rules:

● Rule 72 – Officers of the Association and Workplace Delegates/Delegates to National Council

● Rule 74 – Constitution of National Council

● Rule 75 – Duties and Powers of National Council

● Rule 81 – Meetings of the Executive

● Rule 82 - President

● Rule 83 – Vice-President and Executive Members

● Rule 85 - Zones

● Rule 94 – Election of Association Delegates to Federal Council

● Rule 95 – Zone Election Rule

● Rule 96 – Dual Offices

● Rule 97 – Election of Association Delegates to Federal Council

● Rule 101 – Making or Alteration of Association Rules

● Rule 108 – Transitional – Associate Members

[4] The proposed Rule 72 (11) provides that all offices referred to in this Rule shall be honorary, with the exception of Rules 82 and 83.

[5] The alterations to Rule 82 provide particulars of the President’s role and establishes the office of President as a full-time position. The new sub Rule 83 (3) also empowers the Executive to resolve that any office to which this Rule relates be a paid position.

[6] Rule 83 clarifies the role of the Vice President in the absence of the President and establishes a mechanism to fill the role of President should the Vice President be unavailable.

[7] Minor changes have been made to the election process for Association Executive Officers throughout Rule 94. A 4-year term has been created for all Executive positions and clarification has been provided as to when the Executive takes office following elections. Sub Rule 94 (3)(d) clarifies that election of Association Executive Officers is to be held at a National Council meeting in an election year in accordance with Rule 76. A more detailed process for determining a tied ballot has been provided under sub Rule 94 (3)(j).

[8] A new sub Rule (bA) has been added to Rule 95 which explains how and when a nomination can be withdrawn in the electoral process.

[9] Sub Rules 95 (5)(k)(d), 96 (3) and 96 (4) have been deleted.

[10] The notice period provided to members of the National Council of proposed rule changes under Rule 101(2) has been reduced from one month to fourteen days.

[11] Rule 101 (3) places responsibility on the Secretary/Treasurer to lodge notification of rule alterations with the Commission rather than the President. This is consistent with other duties of the Secretary/Treasurer throughout the rules.

[12] Minor changes in expression and typographical amendments have also been made throughout the rules to provide clarity as well as consistency with other Branch rules.

[13] 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 MANAGER

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