United Workers' Union
[2020] FWCD 2697
•29 MAY 2020
| [2020] FWCD 2697 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work (Registered Organisations) Act 2009
s.159—Alteration of other rules of organisation
United Workers' Union
(R2020/44)
| MURRAY FURLONG | MELBOURNE, 29 MAY 2020 |
Alteration of other rules of organisation.
On 6 April 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. Further material in support of the application was lodged on 22 May 2020.
The particulars set out an alteration to Rule 38 of Schedule 5.
The alteration postpones the Union’s Inaugural Convention so that it will meet no later than 30 June 2021. Under the current rules, the Inaugural Convention is required to be held before the end of June this year.
The Convention is made up of delegates, elected by and from members allocated to electorates throughout the Commonwealth. It conducts the business of the Union and advances the Union’s objects. Its functions include determining the Union’s strategic goals for the four-year period until the next Convention is held and electing various officers
As face to face meetings with large groups of people will unlikely be held prior to 30 June 2020 due to COVID -19 restrictions, the Union has stated that the alteration is necessary to avoid it breaching its rules.
While the alteration will impede member participation, it is not unreasonable under s 142(1)(c) of the Fair Work (Registered Organisations) Act 2009 (the Act) given the unprecedented nature of these circumstances. As the Union will conduct its Inaugural Quadrennial Elections in 2022 pursuant to rule 65 of Schedule 5, the postponing of the Inaugural Convention will not interfere with the democratic functioning of the union under section 5(3)(d) of the Act.
On the information contained in the notice, I am satisfied the alterations have been made under the rules of the organisation.
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
Printed by authority of the Commonwealth Government Printer
< PR719582>
0
0
0