The Civil Air Operations Officers' Association of Australia

[2020] FWCD 4824

[2020] FWCD 4824

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

The Civil Air Operations Officers' Association of Australia

(R2020/124)

MURRAY FURLONG MELBOURNE, 14 SEPTEMBER 2020

Alteration of other rules of organisation.

1. On 20 August 2020 The Civil Air Operations Officers' Association of Australia (the Union) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules. Further submissions in support of this application were lodged on 8 September 2020.

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

1. The particulars set out an alteration to Rule 29.

1. The alteration enables meetings of a Division to be conducted in person, via telephone, videoconference or a combination of these forms notwithstanding any other provision of the rules. The proposed Rule 29(e) provides that meetings held other than by way of all participants being present in person will be valid so long as all other rules regarding meetings, including quorum and notice requirements, are complied with and all members are able to hear each other.

1. Rules 23(f) and 24(f) already contain this exact provision, enabling virtual meetings to be held for meetings of the Committee of Management and the National Executive respectively.

1. As there is uncertainty regarding when face to face meetings can be held due COVID-19 restrictions, a rule providing for virtual meetings is necessary for the Union to continue to operate under the current COVID climate. The alteration also caters for more flexible communication methods generally and aligns with Parliament’s intention under the Fair Work (Registered Organisations) Act 2009 (the Act) to encourage efficient management of the Union.

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

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