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Alteration to Eligibility Rules S158a

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Alteration to Eligibility Rules S158a File/Our Ref: JN/db 10.4 & 12.21 R2016/TBA Your Ref: Please quote in reply Friday 16 December 2016 Ms B O’Neill General Manager Fair Work Commission GPO Box 1944 MELBOURNE VIC 3001 By E-mail: [email protected] Dear Ms O’Neill Re: Application by the Australian Municipal, Administrative, Clerical and Services Union for an Alteration to Eligibility Rules Please find attached an Application by the Australian Services Union for consent to an alteration to its Eligibility Rules. The Application is by way of the attached Form F68A and signed by the authorised National Officer, and the attached Declaration that the alteration was made in accordance with the Rules stating the actions taken under the Rules and verifying the facts stated in the application. If you require further information, please do not hesitate to contact me at this office or John Nucifora email [email protected] or 03) 9342 1477. Yours faithfully Tel: +61 3 9342 1401 Mobile: 0419 644 238 E-mail: [email protected] David Smith National Secretary encl: Form F68A with Attachments 1-4 Declaration David Smith with Annexure 1 Declaration Joseph Scales with Annexures A & B Australian Municipal, Administrative, Clerical and Services Union Form F68A Application for consent to the alteration of eligibility rules of an organisation by General Manager Fair Work (Registered Organisations) Act 2009 Fair Work (Registered Organisations) Regulations 2009, paragraph 125B (1) (a) FAIR WORK COMMISSION Commission use only Commission Matter No.: Applicant Organisation Australian Municipal, Administrative, Clerical and Services Union (AMACSU) Name: ABN: 28 519 971 998 Address: Ground Floor, 116-124 Queensberry Street Suburb: Carlton South State: VIC Postcode: 3158 Contact person: Title David Smith Mr [x] Mrs [ ] Ms [ ] Other [ ] specify: Telephone: 03 9342 1400 Mobile: Fax: 03 9342 1499 Email: [email protected] 1. Pursuant to s158A of the Fair Work (Registered Organisations) Act 2009 (“the FW RO Act”) the Australian Municipal, Administrative, Clerical and Services Union (“the Applicant”) applies for consent to the alteration of the eligibility rules of the Applicant to extend them to apply to persons within the eligibility rules of an association of employees that is registered under a State or Territory industrial law. The Alteration 2. On the 4 September 2014 re: R2012/220 ([2014] FWCG 3677) the Applicant was granted an amendment to its eligibility rule under s158A FW(RO)A in relation to Amalgamated ASU (SA) State Union (“ASU (SA)”). 3. Subsequent to the Applicant being granted the extension to its eligibility rule as set out in paragraph 2, the ASU (SA) amended its eligibility rule on 11 July 2013. Attached in “Attachment 1” is a copy of Consent Orders issued by the Industrial Relations Commission of South Australia which led to the amendments to ASU (SA) eligibility rules. 4. The Applicant seeks to alter its eligibility rules to extend them to apply to persons covered by the eligibility rules of the Union (“ASU (SA)”) who are not covered by the rules of the Applicant. 5. The alteration inserts as much of the text of Rule 5 Parts D and J and a State of South Australia employee exclusion; of the rules of ASU (SA) as: (a) is necessary to provide for persons covered by the eligibility rules of the ASU (SA) who are not covered by the rules of the; and (b) restricts the application of the altered rule to the State of South Australia. Fair Work Commission Approved Forms—approved 28 March 2014 i 6. Attached in “Attachment 2” is a copy of the original text of ASU (SA) Rule 5 Parts D and J and a State of South Australia employee exclusion; with tracked changes inserted into PART XXVII of the eligibility rules of the Applicant. 7. The alteration to the eligibility rules of the Applicant is by inserting after Rule 5 b. PART XXVII sub rule (c), a new sub-rule (d), (e) and (f) as follows: (d) Without limiting the generality of the foregoing or being in any way limited by the foregoing the Union in the State of South Australia shall also consist of an unlimited number of bona fide employees who are employed in local government whether by a council or council subsidiary as defined by the Local Government Act 1999, or any successor Act, or by any trust, board, commission, corporation or similar body under the Local Government Act 1999, or any successor Act, in any of the following or combination of the following capacities: • Clerical • Administrative • Professional • Managerial • Community service • Recreational • Regulatory • Childcare • Environmental, or • Technical (including overseers, foremen and other supervisory officers) and with the exception of childcare their duties involve a preponderance of clerical and/or administrative and/or enforcement and/or office based work and/or the majority of their work is supervisory in nature. Provided that employees engaged on new construction work in connection with services that have not passed to the council, board, corporation, authority or other entities identified in this part of the rule, which on completion of such construction work are responsible for the provision and maintenance of those services shall not be eligible to be members of the Union in the State of South Australia. (e) Without limiting the generality of the foregoing, or being limited thereby, the Union in the State of South Australia shall also consist of employees of Animal Plant Control Boards, NRM Boards or their successors in any of the following capacities: • Clerical • Administrative • Professional • Managerial • Regulatory • Environmental, or • Technical (including overseers, foremen and other supervisory officers) Fair Work Commission Approved Forms—approved 28 March 2014 ii (f) Provided that nothing in (d) and (e) of this rule entitles the Union in the State of South Australia to enrol as a member any person employed by or on behalf of the State of South Australia. For the purposes of this exclusionary proviso 'the State of South Australia' includes: (i) the Crown in right of the State of South Australia (the Crown); (ii) a Minister of the Crown (a Minister); (iii) an administrative unit in the South Australian Public Service (an administrative unit); (iv) a chief executive of an administrative unit; (v) any other agency or instrumentality of the Crown; and (vi) a body corporate (but not including any Council or other body corporate established pursuant to the Local Government Act 1999) 1. comprised of persons, or with a governing body comprised of persons, a majority of whom are appointed by the South Australia Governor, a Minister or any agency or instrumentality of the Crown; or 2. subject to control or direction by a Minister. Made under the rules of the Applicant 8. The alteration has been made under the rules of the Applicant. 9. A copy of the rules of the Applicant are attached as “Attachment 3”. 10. The action taken under the rules of the ASU to alter the rules was: (a) On 13 December 2016 a ballot containing the wording of the amendment was proposed by the National Secretary and forwarded to the National Executive members in accordance with rule 49 and sub-rule 8j; (b) On 15 December 2016 the result of ballot was declared in support of the alteration. The Applicant is the Federal Counterpart of the Association 11. ASU (SA) is registered as an organisation for the purposes of the Fair Work Act 1994 (SA). 12. A copy of the certificate of registration of ASU (SA) as an employee organisation in the State of South Australia, dated 16 August 2016 and a copy of the rules of ASU (SA) are attached as “Attachment 4”. 13. Eligibility for membership of ASU (SA) is provided for in Rule 5 of ASU (SA)’s rules. Fair Work Commission Approved Forms—approved 28 March 2014 iii 14. Regulation 8A of the Fair Work (Registered Organisations Regulations 2009 (‘the regulations’), provides that an organisation in column three of Schedule 1A is prescribed as the federal counterpart of an association of employees listed in column two. 15. Item 401 of Schedule 1A of the regulations provides that the Applicant is the federal counterpart of ASU (SA). The alteration will not apply outside South Australia 16. The alteration will not extend the eligibility rules of the Applicant beyond those of ASU (SA). 17. The alteration will not extend the eligibility rules of the Applicant beyond the limits of South Australia for which ASU (SA) is registered. The Reasons for the Alteration 18. This application is for consent to the transition of ASU (SA) inserts specific parts of Rule 5 Parts D and J and a State of South Australia employee exclusion of the rules of ASU (SA) into the eligibility rules of the Applicant, with the intent that the Applicant will in future be entitled to enrol and represent all employees in the federal system who were previously entitled to be enrolled in and represented by ASU (SA). ASU (SA) is not subject to a representation order 19. ASU (SA) is not subject to a representation order, a State demarcation order or a demarcation undertaking or agreement, in favour of another organisation or association in relation to the class of employees to which the extension of the applicant’s eligibility rules will apply. The Association of employees actively represents the classes of employees to which the extension of the eligibility rules will apply 20. ASU (SA) actively represents all of the classes of employees to which the extension of the Applicant’s eligibility rules will apply, within the meaning of Regulation 125A(3) of the regulations, in that the Association is engaged in at least one of the following activities in relation to the class of employees to which the extension of eligibility rules will apply: (a) organising and recruitment activity; (b) representing employees on negotiations with employers; (c) representing employees in industrial bodies; (d) obtaining and maintaining award conditions; and (e) collective bargaining.
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