Australian and International Pilots Association

[2016] FWCD 5908

[2016] FWCD 5908

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
Australian and International Pilots Association
(E2016/209)
MR STEENSON	SYDNEY, 23 AUGUST 2016
Arrangement for conduct of election.

[1]        On 19 August 2016 the Australian and International Pilots Association (the

organisation) lodged with the Fair Work Commission (the Commission) the prescribed

information in relation to an election for the following office:

Vice President (Group Airlines) (1)

[2]        On 19 August 2016 the organisation’s Secretary also lodged a written request for an

extension of time for lodgement of the prescribed information. The reasons provided for the

delay included awaiting the approval of recent rule alterations before the Commission, which

had the effect of creating the new office of Vice President (Group Airlines). That alteration

1

was certified on 17 August 2016.

[3]        Regulation 138(3) of the Fair Work (Registered Organisations) Regulations 2009

provides that prescribed information for elections is to be lodged 2 months before the day

when a person may become a candidate in the election under the rules of the organisation. For

the election of office-bearers from the Committee of Management, sub-rule 39(c) of the

organisation’s rules provides that:

“As soon as possible after the result of an election of Committee members is

ascertained, and wherever possible on the same day, the Returning Officer shall

cause nomination forms to be prepared and mailed or otherwise distributed to all

financial members of the Committee of Management;”

[4]        In considering the request for extension of time and the reasons provided, I note that

the prescribed information for the scheduled collegiate election for the remaining collegiate

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offices of the organisation’s Committee of Management was lodged on time. I also note that

the prescribed information and extension of time request in the current matter were lodged

only one day after the organisation’s receipt of the decision certifying the rules that created
[2016] FWCD 5908

the abovenamed office. It is apparent that the organisation has demonstrated good faith in its

intention to comply with the timeline requirements.

[5]        In the circumstances, pursuant to section 189(2) of the Fair Work (Registered

Organisations) Act 2009 I have determined to grant the extension of time on this occasion. I

reiterate the necessity of lodging prescribed information for elections in accordance with the

requirements of the Act and Regulations, with reference to the organisation’s rules and the

timetables of the Australian Electoral Commission.

[6]         I am satisfied that an election for the abovenamed office 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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1

[2016] FWCD 5644, R2016/161.

2

E2016/165