Transport Workers' Union of Australia
[2021] FWCD 1311
•6 april 2021
| [2021] FWCD 1311 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
Transport Workers' Union of Australia
(R2021/5)
| MURRAY FURLONG | MELBOURNE, 6 april 2021 |
Alteration of other rules of organisation.
On 21 January 2021 the Transport Workers' Union of Australia (the Union) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules. Further information in support of the application was provided on 23 February and 4 March 2021.
On the information contained in the notice and subsequently provided, I am satisfied the alterations have been made under the rules of the Union.
The particulars set out alterations to:
Rule 25 – National Council Powers
Rule 29 – National Committee of Management Powers
Rule 31 – Branch Committee of Management Powers
Rule 33 – National Secretary
Rule 37 – Branch Secretary
Rule 39 – Branch Organizers
Annexure F – Special Rule – New South Wales Branch
The alterations respond to issues raised in Sofia Manos v Transport Workers’ Union of Australia.[1] The Union seeks to alter its rules so that the powers of the National Council, Committees of Management, and Secretaries in relation to remuneration, employment and termination are explicit and clear.
Sub-rules 25(2)(i) and (j) have been deleted, the content of which now falls under a new sub-rule 29(2)(d). This in effect transfers the power to determine remuneration, including termination and severance payments of employees of the Union, from the National Council to the National Committee of Management. A similar alteration has been made to sub-rule 31(2)(j) which gives the Branch Committee of Management the abovementioned power to determine remuneration of officers and employees of the Branch.
An identical set of sub-rules has been added to Rules 33 and 37 which respectively give the National Secretary and the Branch Secretary power to employ suitably qualified persons, terminate employment and remunerate employees. The Branch Committee of Management no longer has the power to employ persons as sub-rule 31(2)(i) has been deleted.
Rule 39 has been altered so that Branch Organisers are to be determined by the Branch Secretary as opposed to the Branch Committee of Management.
Sub-rule 12 of Annexure F has been re-drafted for clarity however the substance of the rule remains unchanged.
On 4 March 2021, Nick McIntosh, National Assistant Secretary, gave consent, under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009 (the Act) for the Acting General Manager to make various amendments to the alterations for the purpose of correcting typographical, clerical or formal errors. Accordingly, the reference to sub-rules 31(i) and 31(j) in paragraph 9 should refer to sub-rules 31(2)(i) and 31(2)(j).
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.
ACTING GENERAL MANAGER
[1] [2020] FWC 5242 (30 September 2020) at [38] – [43].
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