United Firefighters' Union of Australia

[2019] FWCD 8363

[2019] FWCD 8363

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

United Firefighters' Union of Australia

(R2019/141)

MURRAY FURLONG MELBOURNE, 12 DECEMBER 2019

Alteration of other rules of organisation.

1. On 15 November 2019, the Victorian Branch of the United Firefighters' Union of Australia (the Branch) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to Schedule 2 of the rules of the United Firefighters’ Union of Australia (the Branch Rules).

1. The particulars set out alterations to sub-rules 1(1)(a) and 1(1)(a)(iii) of the Branch Rules.

1. On 9 December 2019, the Branch confirmed that the meeting of the Branch Committee of Management held on 14 October 2019 met the quorum requirement set out in rule 58(3) and that a notice has been published on the website of the Branch in accordance with regulation 126(1)(b) of the Fair Work (Registered Organisations) Regulations 2009.

1. On the information contained in the notice, and the further advice provided by the Branch on 9 December 2019, I am satisfied the alterations have been made under the rules of the organisation.

1. The alteration to sub-rule 1(1)(a) corrects a reference to another rule and the alteration to sub-rule 1(1)(iii) provides that Officer Committee members and Firefighter Committee members employed by the Country Fire Authority shall office hold office from the time of their election until their successors are declared elected during the next scheduled elections within the Branch to be conducted in 2021. Regarding the latter alteration, I note that additional offices were established pursuant to previous alterations to the Branch Rules certified on 30 May 2019.[1]

1. 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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[1] United Firefighters’ Union of Australia [2019] FWCD 2593.

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