Australian and International Pilots Association

[2016] FWCD 3704

[2016] FWCD 3704

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
Australian and International Pilots Association
(E2016/119)
MR ENRIGHT	MELBOURNE, 8 JUNE 2016
Arrangement for conduct of election.

[1]        On 2 June 2016, the Australian and International Pilots Association (the organisation)

lodged with the Fair Work Commission (the Commission) prescribed information in relation

to an election for the following offices:

Members of the Committee of Management (20)

[2]        The organisation did not lodge the prescribed information before the prescribed day as

required by regulation 138(3) of the Fair Work (Registered Organisations) Regulations 2009.

The prescribed information should have been lodged by 12 May 2016. In his correspondence

dated 2 June 2016, the organisation’s Assistant Secretary, Mr Jason Lipson, stated that the

delay was due to staffing changes and that the staff member recently tasked with lodging the

information was unaware of the timing requirement.

[3]        I am not satisfied that the above reason is a sufficient ground to justify the failure to

comply with a statutory obligation. Having regard to the normal and reasonable expectation

that registered organisations take steps to ensure they comply with the time-frame

requirements set out not only in the Fair Work (Registered Organisations) Act 2009 (the Act)

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

organisations themselves, I decline on this occasion to allow, under section 189(2) of the Act,

a later day for lodgement. The failure to lodge the prescribed information before the

prescribed day therefore renders the organisation liable for a civil penalty provision pursuant

to section 189(2) of the Act.

[4]        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.

[5]        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.
[2016] FWCD 3704

DELEGATE OF THE GENERAL MANAGER

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