The Association of Professional Engineers, Scientists and Managers Australia

[2018] FWCD 5600

[2018] FWCD 5600

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

(R2018/153)

MURRAY FURLONG MELBOURNE, 25 SEPTEMBER 2018

Alteration of other rules of organisation.

1. On 20 June 2018 The Association of Professional Engineers, Scientists and Managers, Australia (“the Union”) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules. Additional information regarding the transaction of the alterations was provided on 18 July 2018 and 15 August 2018. 

1. The particulars set out alterations to;

Appendix “H” - Supplementary Rules - Colliers Staff Division, Supplementary Rules 3, 5, 7, 8, 10, 11, insertion of new Supplementary Rule 11 and the renumbers certain existing rules

Part 2 – Division Rules, Rule 14 – Division Elections.

1. The particulars also set out the deletion of Appendix “H” - Supplementary Rules - Colliers Staff Division, Rule 9.

1. The alterations to Supplementary Rules 3 and 7 amend typographical errors within each rule.

1. The alteration to Supplementary Rule 8 introduces a new quorum requirement for meetings of the Division Committee. Presently 6 officers able to participate form a quorum. A quorum is now required to be no less than six members present in person or by proxy provided that four members are present in person and further provided that one member from Queensland district and one member from NSW district are present.

1. The deletion of Supplementary Rule 9 removes the formula which was used to determine the number of deliberative votes allocated to a Division Committee Member. No new formula has been included. Instead each Division Committee Member will have one vote.

Restructuring of the Districts of the Collieries’ Staff Division

1. The previous 11 Districts of the Collieries’ Staff Division have been redefined as part of the alterations to Supplementary Rule 10. The Collieries’ Staff Division now consists of three Districts based on geographical area. The previous five New South Wales based Districts (Lower Hunter, Upper Hunter, Central, Western and Southern) have been merged into one New South Wales district. The previous five Queensland based Districts (Northern, Southern, Eastern, Western and Central) have been merged into one Queensland district. The Western Australia district continues to include all locations in the State of Western Australia.

1. As a consequence of the restructuring of districts, the composition of members elected to the Division Committee within Supplementary Rule 5 has been modified. The 11 members of the Division Committee are still to be elected by the Financial Members of the Division, however the respective districts are now based on the three state-based districts instead of the previous 11 districts. The Divisional Committee shall still consist of five members from the New South Wales district, five members from the Queensland District and one member from the Western Australia district. This alteration does not change the number of members on the Division Committee from each State based district. Therefore the changes do not erode the standards set out in sub-sections 5(3)(b), (c) and (d) of the Fair Work (Registered Organisations) Act 2009.

Removal of District Committees

1. In addition to the amalgamation of districts, further alterations to Supplementary Rule 10 remove the ability for Districts to form District Committees and any associated office positions, powers, functions and meeting requirements of these District Committees. A Division Committee can still be formed as per Supplementary Rule 5.

1. The Union provided the following submission regarding the removal of the District Committees:

   The current Supplementary Rules provide for 11 District based Committees, whose role is to conduct union business within their geographical area, including attending to local disputes within their area, holding meetings, plebiscites where needed and being responsible for District funds and the audit of such funds. Since amalgamation in late 2001 these District Committees have not been operating. It is therefore proposed to delete District Committees and associated rules.

2. I have considered the Union’s submission and find that these alterations are consistent with section 142(1)(d) and the objects of the Fair Work (Registered Organisations) Act 2009.

1. Due to the removal of District Committees, the alteration to Supplementary Rule 11 allows the Division Committee to invite or direct a Delegate to attend any meetings of the District. Previously a power held by the Divisional Council.

Term increase for Division Committee Members

1. The alterations to Part 2 – Division Rules, Rule 14 increase the term of office for the Collieries Staff Division Committee and Collieries Staff Division Executive Officers from 1 year to 2 years commencing from the final declaration of the results of the election scheduled to commence in 2019. This brings the Collieries Staff Division Committee election cycle within the same two year election cycle as other Union division committee elections.

1. Due to the increase in terms of office of the Division Committee Officers, transitional provisions have been included within a new Supplementary Rule 11. On Certification Date, being the date on which the Rules are certified, the Division Committee shall consist of officers who were members of the Division Committee on the day preceding the Certification Date. The Officers shall then continue to hold office till 1 February 2019. This is consistent with Part 2 – Divisional Rules, Rule 12.1 which states that;

Division and Sub-Division Committee Members with a term of office of two years as per Division Rules sub rule 14.1 shall take office on the first day of February in each alternate year and shall hold office until the first day of February each alternate year and thereafter until the succeeding committee has been elected.

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

1. On 15 August 2018, Robyn Porter, National Secretary, gave consent, under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009, for the Delegate to make various amendments to the alterations for the purpose of correcting typographical, clerical or formal errors. Further clarification regarding these amendments was provided on 29 August 2018. Accordingly the following corrections have been made:

·   Proposed Supplementary Rule 10 be re-numbered to be Supplementary Rule 9.

·   Proposed Supplementary Rule 10.1 be re-numbered to be Supplementary Rule 9.1

·   Proposed Supplementary Rules 10.1.1 to 10.1.3 be re-numbered to be Supplementary Rules 9.1.1 to 9.1.3

·   Proposed Supplementary Rule 10.2.1 be re-numbered to be Supplementary Rule 9.2.1

·   Proposed Supplementary Rule 10.13 be re-numbered to be Supplementary Rule 9.3

·   Proposed Supplementary Rules 11.1 to 11.4 be re-numbered to be Supplementary Rules 10.1 to 10.4

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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