The rules of the Australian Education Union ACT branch serve to protect elected officials from dismissal and are in need of reform, the current branch secretary says.
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It comes as the branch convened a rules committee to deal with a misconduct charge against former secretary Glenn Fowler relating to multiple allegations of sexual harassment.
Mr Fowler has strongly denied all allegations against him and has criticised the ongoing process which has so far taken nine months.
AEU ACT branch secretary Patrick Judge said he was not involved in the ongoing matter concerning Mr Fowler, but the issue had taken too long to resolve.
"When a process takes such a long period of time as this one has, that is not in my view, even when the matter is complex, it's not ideal for the complainants or any of the parties involved in that matter," Mr Judge said.
"It's important that we consider whether our rules can be changed to deal with these matters more expeditiously."
Mr Judge said the fact the branch had to introduce a new complaints handling process for bullying and harassment this year demonstrated it was an area in need of review.
Worksafe ACT issued an improvement notice to the branch in July in relation to how the union was managing allegations of bullying and harassment, prompting the branch to develop a new workplace conduct policy.
"More generally, so not specific to that matter [regarding Mr Fowler], I am concerned that the rules appear to have been drafted with a concern in mind around protecting elected officials from dismissal and we need to make sure that the rules are striking the right balance" Mr Judge said.
"It's incumbent on me to ensure that that process is providing the right protections to everybody involved and providing a fair process."
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Mr Judge said his role was to be focused on the needs of members but this couldn't be done unless the branch was operating efficiently.
"It absolutely is a priority to ensure that we get these sorts of things right. These governance matters are one of the most important things we need to be on top of as a union," he said.
"Members can be reassured that we're following the rules and our members are the people who make those rules. Those rules are made through a process involving the union's branch council, which includes representatives from all of our sub-branches, and we will need to have an open discussion with their members about those rules and about whether those rules are fit for purpose."
Under the branch rules, the rules committee can hear allegations against a member, collect evidence and prepare a confidential report to the branch executive.
If the member is found guilty of the charges, the branch executive may expel or suspend the membership of the person, impose a fine of up to $100 or reprimand the member. The member has a right to appeal to the branch council within 10 days.
Mr Fowler was contacted for comment but did not respond by deadline.
Mr Fowler previously said he had raised serious concerns about the process that had been followed since complaints were made against him in March.
In early December he wrote in a letter to members "unreasonable delays and unjust internal processes" had caused damage to the union.
Do you know more? Contact sarah.lansdown@canberratimes.com.au.
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