The Australian Workers' Union
[2018] FWCD 4272
•7 AUGUST 2018
| [2018] FWCD 4272 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
The Australian Workers' Union
(R2018/51)
| AILSA CARRUTHERS | MELBOURNE, 7 AUGUST 2018 |
Alteration of other rules of organisation.
On 23 March 2018 The Australian Workers' Union (AWU) lodged with the Fair Work Commission (Commission) a notice and declaration setting out particulars of alterations to its rules.
The particulars set out alterations to Rules 9, 10 and 81.
Further information clarifying the process of altering the rules was provided on 4 April 2018 and also on 10 July 2018.
On the information contained in the notice and subsequently received, I am satisfied the alterations have been made under the rules of the organisation.
The alterations create a separate brand and distinct operating arrangements in relation to the management of AWU members who are employed as hairdressers or in the hairdressing industry. The brand and arrangements are known as ‘Hair Stylists Australia’ or HSA.
In response to queries raised by staff of the Commission’s Registered Organisations Section, the AWU lodged submissions in support of the alterations on 18 July 2018.
The AWU submitted that the HSA is a brand the AWU uses to campaign in the hairdressing industry.
It further submitted that the HSA is not a branch of the AWU. Members in the hairdressing industry who are recruited after 1 February 2018 will be allocated under the rules to the branch with geographical coverage, with staff from the national office coordinating services for HSA members on behalf of AWU branches. Members will have the option of joining HSA, although membership will not be compulsory. HSA members will have the same rights and obligations as all AWU members, including the right to elect officers to branch and national positions under the AWU rules and to raise issues directly with their relevant branch secretary.
Finances pertaining to HSA membership will be reported in the AWU National Office financial reports except where a proportion has been assigned to AWU Branches, in which case the funds would be reported in the Branch financial report.
I accept these submissions. As the HSA is not a new branch of the AWU, it is not necessary for the AWU to pass additional rule alterations providing for such matters as the allocation of members to an HSA Branch, the existence of branch offices and committees, the powers and duties of those offices and election to those offices.
The alterations were transacted on 6 December 2017. This means they were lodged 42 days after the expiry of the period prescribed by Regulation 126(1)(a) of the Fair Work (Registered Organisations) Regulations 2009. The AWU advised that the delay was caused by administrative oversight within the AWU National Office, primarily arising from temporary staffing issues that have since been resolved.
Regulation 126(1) provides me with discretion to allow an additional period for lodgment of the notification. I note that the AWU does not appear to have a history of giving notice out of time of transacted alterations. I therefore allow an additional period, until 23 March 2018, for the lodgment of the alterations. However I remind the AWU that the granting of an additional period is at my discretion and that it is incumbent on registered organisations to comply with the legislative obligations.
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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