The FWC has given the ACTU until the end of the month to explain how it has standing to object to a non-affiliated pilots union's rule change bid that Qantas has labelled "so broad" it could extend to "any person anywhere", with objectors also set to weigh in on the validity of the clause's endorsement.
Employer groups have failed in their bid to delay the March 27 CFMEU-MUA-TCFU amalgamation, but have taken solace from a senior FWC member's observation that their April 9 appeal to an FWC full bench "surmounts the fairly low bar of being arguable".
The Fair Work Commission has approved the merger of the CFMEU with the MUA and TCFU after rejecting employer arguments it should take account of the "significant" number of civil pecuniary proceedings penalty cases against them.
The Fair Work Commission has today reserved its decision on whether to approve the merger of the CFMEU, MUA and TCFU, with employer groups arguing that proceedings seeking to recover fines and penalties should be taken into account.
As the Australian Federation of Air Pilots seeks talks with objectors to its membership rule change bid before heading to the FWC in a fortnight, Qantas has labelled it "so broad" that it could extend to "any person anywhere", including pilots based outside Australia or employed by foreign entities.
The legislative tension between state and federal union rules has been highlighted after a tribunal dismissed an expelled official's bid for reinstatement on the basis that it lacked the jurisdiction to give orders or directions to a national body.
Employers opposing the merger of the CFMEU, MUA and TCFU have warned the FWC that the unions would use their combined might to cripple the resource and construction industries, but they argue that in any case more than 45 pending penalty proceedings should legally disqualify them from amalgamating.
An FWC full bench has refused the CEPU leave to appeal a ROC decision on financial reporting deadlines, holding that the "real purpose" of the union's case was to avoid potential penalties for failing to meet its statutory obligations.
