The Association of Professional Engineers, Scientists and Managers, Australia

[2019] FWCD 4769

[2019] FWCD 4769

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

(R2019/64)

MURRAY FURLONG MELBOURNE, 17 JULY 2019

Alteration of other rules of organisation.

[1] On 28 May 2019 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 information of the rule alteration procedure was provided on 10 June 2019.

[2] The particulars set out alterations to the following APESMA rules:

Part 1 – Federal Rules – Rule 18.5

Part 2 – Division Rules – Rule 14

Appendix “G” – Supplementary Rules – Pharmacists Division – Rule 5

Appendix “K” – Supplementary Rules – Professional Engineers Division – Rule 12

[3] The alteration to Rule 18.5 of the Federal Rules modifies the wording to allow for the lodgement of nominations to be forwarded to the Returning Officer, in addition to providing discretion to the Returning Officer as to the mode and method of lodgement.

[4] The alteration to Rule 14 of the Division Rules modifies the wording to allow for the lodgement of nominations to be forwarded to the Returning Officer, in addition to providing discretion to the Returning Officer as to the mode and method of lodgement. The alteration removes the requirement that nominations are forwarded by registered mail and removes the words “with their nomination”. These are replaced by the words “to the Returning Officer up until the closure of nominations”.

[5] The alteration to Rule 5 of Appendix “G” – Supplementary Rules – Pharmacists Division permits two additional members to be elected from and by members eligible in accordance with Federal Rule 3.10.3.

[6] This has the effect of reserving certain positions of the Committee of Management of one of APESMA’s branches from a subset of the membership. I must be satisfied that this does not impose on conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting the Fair Work (Registered Organisations) Act 2009 (‘the Act’) and the objects of the Act, are oppressive, unreasonable or unjust, rendering the alterations contrary to the Act. An officer of the Fair Work Commission spoke to APESMA about this alteration. APESMA noted that this group of members had not traditionally been active in APESMA’s affairs. It later submitted the following:

Specifically Supplementary Rule 5 is proposed to be altered to allow the establishment of 2 members of the Division Committee eligible for membership in accordance with Federal Rule 3.10.3. This Rule is applicable to persons commonly referred to as Pharmacy Technicians.

For some years the Association has been involved in a major campaign involving the Pharmacy Industry. Whilst Pharmacy Technicians are eligible to stand for Office the Association wishes to encourage this section of the membership through the creation of specific positions in order to facilitate their participation in the affairs of the Pharmacy Division.

[7] In the circumstances, I am satisfied that the alteration is intended to encourage members to participate in the affairs of organisations to which they belong and provide for democratic functioning and control of organisations, consistent with Section 5(3) of the Act.

[8] The alteration to Rule 12 of Appendix “K” – Supplementary Rules – Professional Engineers Division reduces the number of National Assembly Members. Presently, the Division Committee shall consist of the President of each Sub-Division Committee in addition to four National Assembly Members elected from any Sub-Division by the electorate of all Financial Members of the Professional Engineers Division. Instead, this alteration prescribes that the Division Committee shall consist of the President of each Sub-Division Committee in addition to three National Assembly Members elected from any Sub-Division by the electorate of all Financial Members of the Professional Engineers Division.

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

[10] In my opinion, the alterations comply with and are not contrary to theAct, 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 Act.

DELEGATE OF THE GENERAL MANAGER

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