Australian Hotels Association

[2014] FWCD 6038

[2014] FWCD 6038

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
Australian Hotels Association
(E2014/203)
MR ENRIGHT	MELBOURNE, 9 SEPTEMBER 2014
Arrangement for conduct of election.

[1] On 29 August 2014 the Australian Hotels Association (AHA) lodged with the Fair Work Commission (the Commission) the prescribed information in relation to an election, for the remainder of the term, for the following offices:

National Accomodation Hotels Division

President/Representative to National Board	(1)
Vice President	(1)
Secretary	(1)
Representatives to National Board (number to be determined in accordance with rules 11 and 42(d)(ii))

[2] On 29 August 2014, the abovenamed organisation requested an extension of time to lodge prescribed information which, in accordance with s 189(2) of the Fair Work (Registered

Organisations) Act 2009 (the Act) was due to be lodged around December 2013. Although

approximately nine months had passed since the prescribed day for lodgement, the AHA applied for an extension of time and stated in the application that the reasons for the delay in lodgement included that since the appointment in December 2013 or January 2014 of a new Chief Executive Officer (CEO), the holder of that position ‘had been of the mistaken belief that elections had been held in December 2013’.

[3] The application filed on 29 August 2014 was made in circumstances in which the Commission had specifically written to the AHA by correspondence dated 4 December 2013 reminding the organisation of its requirement to lodge prescribed information for the above election. Despite that reminder correspondence, no lodgement of prescribed information occurred. The ongoing failure of the AHA to lodge prescribed information resulted in further correspondence from the Commission dated 26 August 2014 again raising the required election issue.

[4] In response to the further correspondence from the Commission dated 26 August

2014, the AHA lodged the current application on 29 August 2014 which included a request
[2014] FWCD 6038

for an extension of time to lodge the prescribed information on the basis that the CEO ‘had
been of the mistaken belief that elections had been held in December, 2013’.

[5] It is clear that elections for the above offices are significantly overdue. The AHA was twice notified in writing by the Commission of its failure to comply both with its own rules with respect to elections and the requirements of the RO Act with respect to the lodgement of prescribed information.

[6] I have considered the circumstances and the reasons provided by the AHA and have decided to extend the time for lodgement of the prescribed information until 29 August 2014 pursuant to subsection 189(2) of the Act. I have taken this step so as to prevent any further delay in the conduct of the requisite elections.

[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.

[8] However, having regard to the rules of the AHA, the requirements of the RO Act and the two reminder letters provided to the AHA, I do not accept that the reasons provided satisfactorily explain the failure referred to above. In particular, the application does not make clear the basis upon which the CEO of the AHA had held a mistaken belief that elections for positions such as the President, Vice President, Secretary and Representatives to the National Board for the National Accommodation Division of the AHA had been conducted in 2013 when no such elections had actually been conducted.

[9] The AHA is urged to carefully consider its compliance obligations with respect to its own rules and the RO Act with respect to scheduled elections. Although arrangements are being made for the conduct of an election for the above offices, this does not exclude the possibility of action being undertaken under section 305 of the Fair Work (Registered

Organisations) Act 2009.

DELEGATE OF THE GENERAL MANAGER

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