Australian Childcare Centres Association

[2013] FWCD 9466

[2013] FWCD 9466

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
Australian Childcare Centres Association
(E2013/286)
MR ENRIGHT	MELBOURNE, 3 DECEMBER 2013
Arrangement for conduct of election.

[1] On 18 October 2013 the Australian Childcare Centres Association lodged with the Fair Work Commission the prescribed information in relation to an election for the following offices:

President

Vice President

Secretary

Treasurer

Committee Members (3)

[2] Subsection 182(1) of the Fair Work (Registered Organisations) Act 2009 requires the Australian Electoral Commission to conduct an election for each office in an organisation or branch of an organisation unless an exemption has been granted under section 182(2). No such exemption has been granted for the Australian Childcare Centres Association.

[3] Elections for the above offices are significantly overdue. The last scheduled election was held in 2003 (E2003/200). Rule 21(3) of the rules of the organisation provides an election subsequent to the election of the first members of the committee shall be held (or, if it cannot be completed, shall be commenced) in such months before May 1988 as is determined by the committee and in the same month every four years thereafter and the members of the committee so elected shall hold office for a period of 4 years. Therefore elections for the above offices were required to be held in 1992, 1996, 2000, 2004, 2008 and 2012.

[4] The prescribed information under s.189(1) of the Fair Work (Registered Organisations) Act 2009 was lodged by the Australian Childcare Centres Association in

accordance with directions given by Watson VP on 11 October 2013 in relation to matter D2013/110 being an application on the Fair Work Commission’s own motion under s.30(1)(c) of the Fair Work (Registered Organisations) Act 2009.

[2013] FWCD 9466

[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.

DELEGATE OF THE GENERAL MANAGER

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