The Australian Institute of Marine and Power Engineers

[2024] FWCD 1065

[2024] FWCD 1065

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

The Australian Institute of Marine and Power Engineers

(R2024/73)

CHRIS ENRIGHT MELBOURNE, 6 DECEMBER 2024

Alteration of other rules of organisation.

1. On 24 May 2024 The Australian Institute of Marine and Power Engineers (the Institute) lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to its rules. Further material was lodged on 22 November 2024.

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

1. When transacting the present alterations, the Institute also made changes to its eligibility rules.[1] An application for consent to those eligibility rule alterations was lodged under s.158 of the Act. It was superseded by a further s.158 application[2] after Commission staff queried whether the original material complied with Reg. 121 of the Fair Work (Registered Organisations) Regulations 2009. The second s.158 application remains on foot. Objections have been lodged. The Member dealing with the eligibility rule application asked me to defer consideration of this matter, while the parties attempted to resolve the objections. However, the Member subsequently indicated they were content for me to determine this matter, notwithstanding the eligibility rule application remains on foot.

1. The Institute seeks certification of the alterations under section 159 of the Fair Work (Registered Organisations) Act 2009 (the Act).

1. The particulars set out alterations to Rules 9, 12, 13, 14, 15, 19, 20, 21, 23, 24, 28, 30, 31, 38, 43, 44 and 49.

1. The alterations are not controversial. They:

·   clarify -

·   the location of branch, general and special meetings;[3]

·   when each branch’s monthly meeting is held;[4]

·   who chairs a branch meeting;[5]

·   what funds constitute the Institute’s federal fund;[6]

·   what funds constitute a branch’s fund;[7]

·   what material is subject to audit after the end of each financial year;[8]

·   increase the quorum at branch monthly meetings from five to seven;[9]

·   ease requirements for member attendance at Branch meetings;[10]

·   require the Institute’s supreme governing body[11] to adopt a budget for the following financial year, while reserving the committee of management’s[12] right to authorise additional expenditure throughout the financial year;[13]

·   rewrite the rules in gender neutral language;[14]

·   improve the readability of the rules by making minor grammatical and syntax changes;[15] and

·   consequentially renumber various subrules.[16]

1. On 22 November 2024 Martin Byrne, Federal President gave consent under subsection 159(2) of the Act for me to make various amendments to the alterations for the purpose of correcting typographical, clerical or formal errors. Accordingly, the following corrections have been made:

   ·   The reference to Rule 15(b) in the particulars has been changed to Rule 15(iii)(b).

   ·   The reference to Rule 15(c) in the particulars has been changed to Rule 15(iii)(c).

   ·   The reference to Rule 19(vi) in the particulars has been changed to Rule 19(iv).

   ·   The reference to Rule 42(iii) in the particulars has been changed to Rule 43(iii).

   ·   The words “this being” in Rule 20 have been deleted and the word “by” inserted in lieu.

1. 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

Printed by authority of the Commonwealth Government Printer

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[1] D2024/4.

[2] D2024/5.

[3] See the proposed alteration to Rule 12.

[4] See the proposed alteration to Rule 13.

[5] Ibid.

[6] See the proposed alteration to Rule 20.

[7] See the proposed alteration to Rule 21.

[8] See the proposed alteration to Rule 23.

[9] See the proposed alteration to Rule 13.

[10] Ibid.

[11] The Federal Council – see Rule 8(a).

[12] The Federal Executive – see Rule 5(iii).

[13] See the proposed alteration to Rule 20.

[14] See the proposed alterations to Rules 9, 15, 19, 28, 30, 31, 38, 43, 44 and 49.

[15] See the proposed alterations to Rules 13, 14, 20 and 24.

[16] See the proposed alterations to Rules 13, 20 and 21.

Printed by authority of the Commonwealth Government Printer

<PR781390>