Australian Federated Union of Locomotive Employees

[2016] FWCD 6405

[2016] FWCD 6405

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
Australian Federated Union of Locomotive Employees
(E2016/220)
MR ENRIGHT	MELBOURNE, 26 SEPTEMBER 2016
Arrangement for conduct of election.

[1]        On 6 September 2016 the Australian Federated Union of Locomotive Employees (the

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

information in relation to an election for the following offices:

Sub Branch Secretary	(1)
Sub Branch Chairperson	(1)
Sub Branch Vice-Chairperson	(1)
Sub Branch Committee Member	(4)

from each of the following Sub Branches:

Jilalan BMA

Stanwell

Redbank

[2]        On 16 September 2016, the Commission wrote to the organisation seeking

confirmation that the abovenamed three Sub Branches had been validly created and requested

a copy of documentation, such as a copy of a resolution made creating the abovenamed Sub

Branches.

[3]        On 16 September 2016, the organisation provided a copy of the Divisional Council

Meeting resolutions which had been carried and which includes a resolution made creating the

abovenamed three Sub Branches. On the same day the State Secretary of the organisation also

provided a statement attesting to the creation of the abovenamed Sub Branches.

[4]        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 31 August 2016. In its

correspondence dated 6 September 2016, the State Secretary of the organisation stated the

delay was due to the new Sub Branches not being included in the prescribed information

lodged with the Commission on 27 June 2016 for the organisation’s scheduled election in

matter E2016/135.
[2016] FWCD 6405

[5]        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.

[6]        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.

[7]         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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