Police Federation of Australia - Queensland Police Branch

[2015] FWCD 5703

[2015] FWCD 5703

DECISION

Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Police Federation of Australia
(R2015/180)
MR ENRIGHT	MELBOURNE, 19 AUGUST 2015
Alteration of other rules of organisation.

[1]        On 11 August 2015 the Queensland Police Branch of the Police Federation of

Australia (the Branch) lodged with the Fair Work Commission (the Commission) a notice and

declaration setting out particulars of alterations to the rules of the organisation.

[2]        The particulars set out alterations to rules 3, 28, 39, 40, 42, 72, 73 and insert a new

rule 101 into Part CF2 of the Queensland Police Branch Rules.

[3]        The alterations clarify the fact that the Branch Assistant Secretary is not an officer

under the rules and clarify the operation of electoral provisions for various offices and

positions within the Branch.

[4]        Following discussion between the branch and staff of the Commission, further

information was provided by the Branch on 18 August 2015.

[5]        On the information contained in the notice, I am satisfied the alterations have been

made under the rules of the organisation.

[6]        I note that the alterations have the effect of truncating current terms of office for the

Branch Vice President, Branch Treasurer and Branch Assistant Treasurer. I have previously

considered the authorities which deal with the truncation of offices. In my view, the following

principles emerge:

 Provided it complies with the requirements of the Act, the regulations and its rules, an

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organisation has the right to mould its internal structures as it sees fit.

 An elected office may be abolished during the term of an incumbent provided such

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abolition is effected in accordance with the rules and is bona fide.

	Alterations that seek to abolish an office during its term or a branch must not have an
oppressive, unreasonable or unjust effect on members or applications for membership

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(in the plural).

[2015] FWCD 5703

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[7] I also note the decision Health Services Union, in which Delegate Nassios stated that

it has been the practice of this office to seek from officers whose term of office are abolished

mid-term, declaration as to whether they understand the effect of the alterations and whether

they support the alterations. In particular, I refer to Delegate Nassios’ statement that

declarations play a key role in determining whether the truncation of a term is bona fide and

whether or not it may be oppressive, unreasonable or unjust under s.142(1)(c) of the Fair

Work (Registered Organisations) Act 2009.

[8]        In this instance, the proposed truncation of offices is due to the terms of offices falling

out of sync with other offices in the Branch. The intent of the alteration is to re-synchronise

the terms of office with others in the Branch. All affected officers are members of the body

that transacted the present alterations. In addition each of the affected office holders have

provided written consent to the truncation of their term of office. Further, in another matter,

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the Branch argued unsuccessfully that the terms of office had in fact expired.

[9]        In the circumstances, I am therefore satisfied that the truncation of the terms of the

office of Branch Vice President, Branch Treasurer and Branch Assistant Treasurer has been

effected in accordance with the rules of the organisation, is bona fide and does not have an

oppressive, unreasonable or unjust effect on members or applicants for membership within the

meaning of s.142(1)(c).

[10]      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

Printed by authority of the Commonwealth Government Printer

<Price code A, PR570956>

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Imlach v Daley [1985] FCA 13; (1983) 7 FCR 457.

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Majority in Saint v Australian Postal and Telecommunications Union and Others (1976) 30 FLR 393.

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Roughan v Australasian Meat Industry Employees' Union (1992) 36 FCR 536.

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[2010] FWAD 3897

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[2015] FWCD 3304