United Workers' Union

[2021] FWCD 966

[2021] FWCD 966

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

United Workers' Union

(R2020/231)

MURRAY FURLONG MELBOURNE, 5 MARCH 2021

Alteration of other rules of organisation.

1. On 31 December 2020 the United Workers' Union (the Union) lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to its rules.

1. The particulars set out new Rule 33A of Schedule 5.

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

1. According to the notice the alterations were transacted on 24 November 2020. As a consequence, they were lodged outside the 35 day period required by Regulation 126(1) of the Fair Work (Registered Organisations) Regulations 2009.

1. The Union stated that the notice was not lodged in time because it was accidently sent to an incorrect email address. Upon becoming aware of its error, the Union promptly took steps to lodge the notice via an appropriate Fair Work Commission email address.

1. The Union have asked me to exercise my discretion to allow an additional period for lodgment. Given the short duration of the delay, the inadvertence which underpinned it and the fact that the Union moved swiftly to correct the error once it was identified, I will do so. However, I remind the Union that an extension of time under Regulation 126 is not as of right; it should ensure future emails to the Fair Work Commission are correctly addressed

1. Schedule 5 of the Union’s Rules sets out transitional provisions which apply following the amalgamation of the National Union of Workers and United Voice in November 2019.

1. Amongst other things Schedule 5 constitutes an Inaugural Convention. The Inaugural Convention is a collective body of officers which is charged with carrying out the objects of the Union, pending the Inaugural Election of the Union’s Convention in 2022. It is also the college by and from which various other officers are elected during the transitional period

1. Under the current rules casual vacancies in the Inaugural Convention can be filled, but can only be filled by election.

1. New Rule 33A permits casual Inaugural Convention vacancies to be filled by appointment.

1. As the remainder of the term of office for Inaugural Convention delegates is less than ¾ of the term of office for those offices, new Rule 33A is consistent with section 146 of the Fair Work (Registered Organisations) Act 2009 (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

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