Association of Consulting Architects - Australia-South Australia Branch

[2015] FWCD 6098

[2015] FWCD 6098

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
Association of Consulting Architects - Australia
(E2015/227)
MR ENRIGHT	MELBOURNE, 7 SEPTEMBER 2015
Arrangement for conduct of election.

[1]        On 26 August 2015 the South Australia Branch of the Association of Consulting

Architects - Australia lodged with the Fair Work Commission the prescribed information in

relation to an election for the following offices:

Branch Committee Members (13)

Branch President/Branch Representative to National Executive Committee

Branch Vice President

Branch Secretary

Branch Treasurer

[2]        Prescribed information should be lodged with the Fair Work Commission within the

time prescribed by Regulation 138 of the Fair Work (Registered Organisations) Regulations

2009 (the Act). Rule 36(1)(b) of the organisation’s rules provides that nominations for the

Branch Committee Members shall be called for no later than 30 June. Accordingly, the

prescribed information was required to be lodged no later than 30 April 2015. The prescribed

information was lodged on 26 August 2015.

[3]        On 1 September 2015 advice was received by Graham Hardy, Secretary of the South

Australian Branch of the Association of Consulting Architects – Australia, advising that the

delay in lodgement by the South Australian and Victoria/Tasmania Branches was

unintentional, and arose due to the inadvertent use of a previously-certified organisational

rulebook which did not incorporate alterations of 31 December 2014 containing rules

pertaining to the prescribed day for lodgement by branches of the organisation.

[4]        Having regard to the normal and reasonable expectation that registered organisations

take steps to ensure that they comply with the time-frame requirements set out not only in the

Act but also in instruments or references pertaining to their own governance formulated by

organisations themselves, I decline on this occasion to allow, in the formal sense intended by

section 189(2) of the Act, a later day for lodgement. The failure of the branch to lodge the

prescribed information before the prescribed day contravenes section 189(2) of the Act which

is a civil penalty provision. Failures by organisations to comply with civil penalty provisions
[2015] FWCD 6098

may be the subject of applications by the Fair Work Commission for orders in the Federal

Court.

[5]        The refusal of an extension of time under section 189(2) of the Act does not, however,

affect a determination of an election notification matter for the purposes of section 189(3) of

the Act.

[6]        I am satisfied that an election for the abovenamed offices is required to be held under

the rules of the organisation and, under subsection 189(3) of the Fair Work (Registered

Organisations) Act 2009, I am making arrangements for the conduct of the election by the

Australian Electoral Commission.

DELEGATE OF THE GENERAL MANAGER

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