United Voice

[2019] FWCD 12

[2019] FWCD 12

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

United Voice

(R2018/251)

MURRAY FURLONG MELBOURNE, 14 JANUARY 2019

Alteration of other rules of organisation.

1. On 28 September 2018 United Voice (the union) lodged with the Fair Work Commission (the Commission) a notice and declaration setting out particulars of alterations to its rules. Further information was provided by the union on 12 November and 18 December 2018.

1. The particulars set out alterations to rules:

   8. Application for Membership
   15. Membership Contributions
   16. Unfinancial Membership
   19. Meetings of National Council
   22. Elections for National Executive
   29. Branch Returns to National Office
   40. Branch Elections
   47. Branch Secretary
   52. Reporting Unit Auditor

1. The alterations include a new rule for when members will become unfinancial; those who have been members for six months or more will become unfinancial if they owe an amount equal to or greater than three months’ dues, and those who have been members for less than six months will become unfinancial if they owe an amount equal to or more than one month’s dues. All members will become unfinancial if they owe an amount for a fine or levy for more than one month. The union submits that dues are paid in advance and that the rule applies to amounts left outstanding for the relevant period.

1. Other alterations relate to the conduct of elections for office and provide for the withdrawal of nominations in National Executive elections, allow a returning officer to resolve situations where a member nominates for more than one office, allow for more time to remedy defective nominations and print ballot papers, and clarify that proxies cannot vote.

1. The remaining alterations provide that dues are adjusted pro-rata and require members to inform the union of changed circumstances and make various updates to reflect practical requirements, including to timeframes for presenting membership applications to Branch Executive and providing Branches’ audited financial statements to the National Secretary, to some duties of Branch Secretaries, and to confirm that the power to appoint an auditor lies with Branch Executive, rather than Branch Council.

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

1. Regulation 126(1)(b) of the Fair Work (Registered Organisations) Regulations 2009 requires an organisation to publish a notice on its website that alterations have been lodged with the Commission within 35 days after the alterations are made, or within any additional period the General Manager allows. The alterations were made at a meeting of National Council on 29 August 2018. A notice was placed on United Voice’s website on 2 November 2018, 65 days later. United Voice submits that the delay was due to an inadvertent administrative error and requests that an additional period be allowed to place the notice.
   
   

2. Regulation 126(1) confers a discretion to allow any additional period to place the notice. The granting of an additional period is not as of right. Noting that the proposed alterations are not contentious and the union’s record of compliance with Regulation 126(1), I allow the additional period sought. However, I remind the union that compliance with statutory requirements is essential to the proper functioning of registered organisations and I urge it to ensure it complies in future.

1. On 18 December 2018, Jo-anne Schofield, National Secretary, gave consent under subsection 159(2) of the Fair Work (Registered Organisations) Act 2009 (the Act) for me to make various amendments to the alterations for the purpose of correcting typographical, clerical or formal errors. Accordingly the following corrections have been made:

·   In rule 40(g), the words ‘or position’ have been deleted because they are already imported by rule 76(f)(xviii).

·   In rule 41(b)(ii), ‘16(a)(ii)’ is amended to ‘16’ as a consequence of alterations to rule 16.

·   In rule 41(d)(i), ‘16(d)’ is amended to ‘16(e)’ as a consequence of alterations to rule 16.

·   In rule 41(d)(ii)(a), ‘16(d)’ is amended to ‘16(e)’ as a consequence of alterations to rule 16.

·   In rule 41(d)(ii)(c), ‘16(d)’ is amended to ‘16(e)’ as a consequence of alterations to rule 16.

·   In rule 76(f)(xviii)(A), ‘16(d)’ is amended to ‘16(e)’ as a consequence of alterations to rule 16.

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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