Australian Education Union-Northern Territory Branch

[2015] FWCD 4590

[2015] FWCD 4590

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
Australian Education Union
(E2015/187)
MR ENRIGHT	MELBOURNE, 8 JULY 2015
Arrangement for conduct of election.

[1]        On 12 June 2015 the Northern Territory Branch of the Australian Education Union

lodged with the Fair Work Commission the prescribed information in relation to an election

for the following offices:

Branch Executive Councillors (number to be determined in accordance with the rules)

from the following Regions:

Alice Springs

Arnhem

Barkly

Darwin

Katherine

Palmerston and Rural

[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. Northern Territory Branch rule 109(a) provides that nominations for the Branch

Executive Councillors open no later than 22 July. Accordingly, the prescribed information

was required to be lodged before 22 May 2015. The prescribed information was lodged on 12

June 2015, some 21 days late.

[3]        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 may be the subject of applications by

the Fair Work Commission for orders in the Federal Court.
[2015] FWCD 4590

[4]        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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