The Australian Workers' Union

Case

[2020] FWCD 4691

7 SEPTEMBER 2020


[2020] FWCD 4691

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

The Australian Workers' Union

(R2020/133)

MURRAY FURLONG

MELBOURNE, 7 SEPTEMBER 2020

Alteration of other rules of organisation.

  1. On 1 September 2020, The Australian Workers' Union (AWU) lodged with the Fair Work Commission a notice and declaration setting out particulars of an alteration to the rules of the AWU.

  1. The particulars set out an alteration to rule 20 – National Conference.

  1. More specifically, the alteration entails the insertion of a new sub-rule 20(1A) the effect of which is to postpone the National Conference scheduled to occur between 1 July 2020 and 30 June 2021 due to the COVID-19 pandemic. The next meeting of the National Conference will be held at a time and place to be determined by the National Executive.

  1. The National Conference is the highest deliberative body of the AWU with a relatively large number of delegates directly elected by the membership and its postponement will have an impact on the participation of the membership in the affairs and control of the AWU. However, given the current circumstances, I am satisfied that this is not an unreasonable imposition and the postponement of the National Conference is a prudent measure designed to ensure the health and safety of its members.

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

  1. In my opinion, the alteration complies with and is not contrary to the Fair Work (Registered Organisations) Act 2009, the Fair Work Act 2009, modern awards and enterprise agreements, and is 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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