Australian Directors Guild Limited

[2015] FWCD 7013

[2015] FWCD 7013

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
Australian Directors Guild Limited
(E2015/256)
MR ENRIGHT	MELBOURNE, 13 OCTOBER 2015
Arrangement for conduct of election.

[1]        On 7 October 2015 the Australian Directors Guild Limited (the ADGL) lodged with

the Fair Work Commission the prescribed information in relation to an election for the

following offices:

President	(1)
Vice President	(4)
Secretary	(1)
Treasurer	(1)
Ordinary Director/Officer	(1)

[2]        On 12 October 2015 the ADGL made a request for an extension of time to lodge the

prescribed information as the application should have been lodged by the prescribed day,

which was 16 August 2015. The delay in lodgement was due to the fact that this is the first

election conducted after the ADGL was registered as an organisation of employees pursuant

to s.18 of the Fair Work (Registered Organisations) Act 2009) (the Act) on 4 March 2015.

The request further states that the ADGL will put in place systems to ensure the timeframes

under the Act are adhered to in the future.

[3]        With regard to the request for an extension of time for lodgement of the prescribed

information, I have considered the explanation for the delay provided by Mr Argall, the

President of the ADGL. 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 the

governance arrangements formulated by organisations themselves, I allow on this occasion a

later day for lodgement.

[4]        While I have allowed a later day for lodgement in the circumstances of this

application, the failure of an organisation to lodge prescribed information before the

prescribed day contravenes section 189(2) of the Fair Work (Registered Organisations) Act

2009 and is a civil penalty provision which may be the subject of application by the Fair

Work Commission for orders in the Federal Court.
[2015] FWCD 7013

[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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