The Association of Professional Engineers, Scientists and Managers Australia

[2023] FWCD 22

[2023] FWCD 22

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

The Association of Professional Engineers, Scientists and Managers Australia,

(R2023/61)

PATRICK COYLE MELBOURNE, 12 SEPTEMBER 2023

Alteration of other rules of organisation.

1. On 30 June 2023, The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules. Further material in support of the application was lodged on 6 September 2023.

1. APESMA seeks certification of the alterations under s.159 of the Fair Work (Registered Organisations) Act 2009 (the Act).

1. On the information contained in the notice, the declaration and the material lodged on 6 September 2023, I am satisfied the alterations have been made under the rules of the organisation.

1. The particulars set out alterations to Part 1 Rules 6, 16, 18 and 19, Part 2 Rules 12 and 14, Appendix G Rule 5 and Appendix K Rules 12 And 14.

1. The alterations:

   ·   make minor changes to the composition of the APESMA’s National Assembly.[1] Those changes are said to “update division representation based on positions reached by each of the division Committees”;[2]

   ·   make minor changes to the composition of the Pharmacists Division’s Division Committee;

   ·   clarify which Division landscape architect members are attached to;

   ·   provide for the publication of National Assembly election results on APESMA’s website;

   ·   remove references to one-year terms of office at Division level. Those references are said to be redundant;[3]

   ·   clarify when terms of office commence and how insufficient nominations for certain offices are dealt with;

   ·   introduce an order of preference where a person is the successful candidate for more than one Divisional Committee office; and

   ·   correct a number of typographical and formatting errors in the existing rules.

2. In my opinion, the alterations comply with and are not contrary to the Act, the Fair Work Act 2009, modern awards and enterprise agreements, are not otherwise contrary to law and were made under the rules of the organisation. I certify accordingly under subsection 159(1) of the Act.

DELEGATE OF THE GENERAL MANAGER

[1] Management of APESMA’s affairs is vested in its National Assembly - See Part 1 Rule 15.

[2] Minutes of the 47th Meeting of National Assembly (NA47) at Item 9.

[3] Ibid.

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