Shop, Distributive and Allied Employees Association

[2019] FWCD 720

[2019] FWCD 720

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

Shop, Distributive and Allied Employees Association

(R2018/291)

MURRAY FURLONG MELBOURNE, 21 FEBRUARY 2019

Alteration of other rules of organisation.

1. On 27 November 2018 the Shop, Distributive and Allied Employees Association -Newcastle and Northern Branch (the Branch) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules. Further submissions in support of the application were made 4 February 2019.

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

1. The particulars set out alterations to Rules:

10 – Conduct of Elections
21 – Control of Branch Council by Members
25 – Membership

1. The alterations to Rule 10 are multi-faceted. First, the alterations allow nominees to withdraw their nominations in writing up until the close of the nomination period. Secondly, the alterations also insert a rule about nominating for one position only. Thirdly, the alterations provide for a scrutineer to be present at all stages of the election. Fourthly, the alterations provide for the order of names on the ballot paper to be determined by the Returning Officer by drawing lots. Finally, the alterations provide for the drawing of lots to determine a tied vote where one candidate is not the incumbent of the office.

1. Rule 21 has been amended to remove the redundant sub-rule indicator ‘(a)’.

1. Rule 25 has been amended to set new parameters by which an applicant for membership may be required to answer questions before the Branch Council on their eligibility where there is doubt on the matter.

1. I note that the provision in the new sub-rule 25.5 in so far as the Branch may pursue arrears owed by applicants to membership is impacted by the operation of s178 of the Fair Work (Registered Organisations) Act 2009 (the Act).

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.

DELEGATE OF THE GENERAL MANAGER

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