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austlii:cth/FWCD/2013/4520
respondent. The alterations to the rules of the Australian Institute of Marine and Power Engineers (with the exception of the proposed alterations to rule 4) were certified under subsection 159(1) of the Fair...
The Australian Institute of Marine and Power Engineers wanted to change some of its internal rules. It applied to the Fair Work Commission to approve these changes under section 159 of the Fair Work (Registered Organisations) Act 2009. However, one of the proposed changes was to an 'eligibility rule' (who can join the union), which must be approved under a different section (section 158). The Commission advised that this particular change had to be separated from the others. The union agreed, and also agreed not to include a logo page that the Commission said was part of its formatting template, not the union's actual rules. After confirming that the union followed proper procedures for making rule changes, the Commission approved all the changes except the eligibility rule change.
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2 cited instruments linked from this judgment.
s.159 - Alteration of other rules of organisation
Australian Institute of Marine and Power Engineers, The
[1] On 4 July 2013 The Australian Institute of Marine and Power Engineers (AIMPE) lodged with the Fair Work Commission (FWC) a notice and declaration setting out particulars of alterations to the rules of AIMPE.
[3] On 29 August 2013, FWC wrote to AIMPE seeking further information concerning the rule altering procedures, requesting confirmation whether the quorum requirements had been met, ascertaining whether a notice of the application had been published on AIMPE's website, clarifying whether the office of Senior Vice-President was to be elected or appointed, and seeking consent to correct numerous typographical, clerical or formal errors as permitted pursuant to section 159(2) of the Fair Work (Registered Organisations) Act 2009 (the Act). In addition, FWC's letter stated that the proposed alterations to AIMPE's eligibility rule, rule 4, could not be made under section 159 of the Act. The letter added that an application to alter an eligibility rule could only be made under section 158 of the Act, and advised that the proposed alterations to rule 4 could be severed from the remaining rule alterations. Finally, the letter stated that FWC could not insert a page with a logo before the contents page as it was not part of AIMPE's rulebook but part of FWC's formatting template.
[4] On 5 September 2013 AIMPE wrote to FWC and provided the following information. The rule altering procedures, including the notice and quorum requirements, had been made in accordance with the rules of the organisation and a notice of the application had now been published on AIMPE's website. AIMPE also stated that that the intention behind the proposed alteration to rule 10 was that the office of Senior Vice-President is to be elected by the Federal Council, and such election is to be conducted by the Australian Electoral Commission. AIMPE also agreed to remove the proposed insertion of a logo in the page before the contents page.
[5] AIMPE also agreed that the proposed alterations to rule 4 should be severed and consented to correct the typographical, clerical or formal errors as outlined in FWC's letter of 29 August 2013.
[6] I am satisfied that the alterations to rule 4 are severable from the other alterations contained in the notice of particulars in light of the principles set out by the majority in Re Food Preservers' Union of Australia (1998) 79 ALR 138.
[7] On the information contained in the notice and further declaration, I am satisfied the alterations have been made under the rules of the organisation.
[8] In my opinion, the alterations, with the exception of the proposed alterations to rule 4, 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.
Printed by authority of the Commonwealth Government Printer
(1998) 79 ALR 138
The alterations to the rules of the Australian Institute of Marine and Power Engineers (with the exception of the proposed alterations to rule 4) were certified under subsection 159(1) of the Fair Work (Registered Organisations) Act 2009 [8].