The Australian Workers' Union

[2020] FWCD 1

[2020] FWCD 1

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

The Australian Workers' Union

(R2019/152)

CATHERINE LUBY MELBOURNE, 20 JANUARY 2020

Alteration of other rules of organisation.

[1] On 3 December 2019 The Australian Workers' Union (AWU) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to the rules of the AWU.

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

● Rule 9 – Rate of Contributions; and

● Rule 71 – Official Newspaper.

[3] The alterations to rule 9 include alterations to sub-rules 9(2), 9(3) and 9(4).

[4] Sub-rule 9(2) pertains to the exemption of payment of contributions for members who suffer unemployment or illness or injury. The effect of the alterations in the present matter include:

● Making a distinction between ill or injured members receiving or not receiving workers’ compensation benefits. The latter will continue to be eligible to receive an exemption from the payment of contributions and the former will pay an amount determined by the National Executive; and

● Vesting the National Executive with the power to determine the amount of contribution by members who have been exempted from payment for a period of twelve months rather than a fixed sum directly prescribed by the rules.

[5] The alteration to sub-rule 9(3) removes provisions concerning the payment of contributions by members who are unable to work or earn a full rate of wages because of age or incapacity. Further, the alteration establishes criteria regarding the granting of the status of “honorary retired member” and provides that such members shall pay an amount of contribution determined by the National Executive.

[6] Sub-rule 9(4) deals with the entitlements of members who have retired from working. The alteration to this sub-rule inserts a specific reference to the term “honorary retired member” which links the provisions of this sub-rule with the criteria established in sub-rule 9(3).

[7] Finally, the alteration to rule 71 provides that the newspaper of the AWU (“The Australian Worker”) may be provided to members electronically as an alternative to being delivered by post.

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

[9] 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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