The Australian Workers’ Union

[2018] FWCD 1940

[2018] FWCD 1940

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

The Australian Workers’ Union

(R2017/150)

MURRAY FURLONG CANBERRA, 9 APRIL 2018

Alteration of other rules of organisation.

1. On 11 July 2017 The Australian Workers’ Union (the Union) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules.

1. Additional information about the transaction of the alterations was provided on 4 April 2018.

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

1. The particulars set out alterations to Rules 29, 59C, 59D, 59E, 59F and 59I and insert new Rule 46A.

1. The alterations:

·provide for the taking of minutes which record the proceedings, decisions and resolutions of the Union’s -

o   National Conference,

o   Special National Conferences,

o   National Executive, and

o   Branch Committees of Management;

·modify arrangements associated with disclosures of -

o   remuneration and non-cash benefits for officers of the Union and its Branches,

o   material personal interests of officers of Union and its Branches; and

·modify the training arrangements for officers of the Union and its Branches who have duties that relate to the organisation’s financial management.

1. The alterations pertaining to disclosures and training are consistent with amendments to the Fair Work (Registered Organisations) Act 2009 (the Act) that were introduced by the Fair Work (Registered Organisations) Amendment Act 2016[1] (the Amending Act).

1. The alterations that concern the keeping of minutes[2] also appear to have been made in response to legislative changes introduced by the Amending Act. Those alterations are certifiable in their own right.

1. Staff of the Fair Work Commission’s Registered Organisations Section engaged with the Union’s National Legal Officer. The Union is considering further rule alterations that would ensure that the rules make provision for the keeping of minute books in a manner that is fully consistent with section 141(1)(b)(iia) of the Act.

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, and are not otherwise contrary to law. I certify accordingly under subsection 159(1) of the Act.

DELEGATE OF THE GENERAL MANAGER

[1] No. 79, 2016

[2] The alteration to Rule 29 and new Rule 46A refer.

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