Australian Hotels Association-Queensland Hotels Association

[2013] FWCD 8546

[2013] FWCD 8546

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
Australian Hotels Association
(E2013/140)
MR ENRIGHT	MELBOURNE, 11 DECEMBER 2013
Arrangement for conduct of election.

[1] On 15 March, 3 September and 30 October 2013 the Australian Hotels Association - Queensland Hotels Association lodged with the Fair Work Commission the prescribed information in relation to an election for the following offices:

State Board

President
Senior Vice-President
Vice-President (3)
Secretary/Treasurer
Trustee (2)

State Board Delegates representing:

Northern Zone (6)

Southern Zone (14)

Northern Zone General Committee

Chairman
Senior Vice-Chairman
Vice-Chairman (2)
Secretary/Treasurer
Trustee (2)

Zone General Committee Representative from each of the following Divisions:

Atherton Tablelands (1)
Bowen (1)
Cairns (1)
Innisfail (1)
Mackay (1)
Townsville (1)
Accommodation Hotels (1)

[2013] FWCD 8546

Southern Zone General Committee

Chairman
Senior Vice-Chairman
Vice-Chairman (2)
Secretary/Treasurer
Trustee (2)
Zone General Committee Representative from each of the following Divisions:

Brisbane North (9)
Brisbane South (9)
South West Queensland (1)
Bundaberg (1)
Central (8)
Dalby (1)
Gold Coast (1)
Gympie (1)
Ipswich (2)
Maryborough (1)
Sunshine Coast (2)
Burnett (1)
Toowoomba (2)
Warwick (1)
Brisbane Accommodation Hotels (1)

Gold Coast Accommodation Hotels (1)

Divisional Management Committee

Chairman
Senior Vice-Chairman
Vice-Chairman
Secretary/Treasurer
Trustee (2)
Ordinary Committee Member (3)

for each of the following Divisions:

Atherton Tablelands
Bowen
Cairns
Innisfail
Mackay
Townsville
Accommodation Hotels
Brisbane North
Brisbane South
South West Queensland
Bundaberg
Central
Dalby
Gold Coast
Gympie
Ipswich

[2013] FWCD 8546

Maryborough
Sunshine Coast
Burnett
Toowoomba
Warwick
Brisbane Accommodation Hotels

Gold Coast Accommodation Hotels

National Board Delegate (5)

Representative of the Accommodation Hotels Division of the Northern Zone to the

National Accommodation Hotels Division (1)

Representative of the Accommodation Hotels Division of the Southern Zone to the
National Accommodation Hotels Division (1)

[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 to the Queensland Branch. Nor have exemptions been granted in relation to the relevant federal offices.

[3] Elections for the above offices are significantly overdue. Arrangements for the conduct of an election for the above offices, except for the Representatives to the National Accommodation Hotels Division were last made in 2001. Arrangements for the conduct of an election for the Representatives to the National Accommodation Hotels Division were last made in 2005. The terms of office for the requested offices are either 12 months or 2 years. As a result the prescribed information should have been lodged and was not lodged within the prescribed periods on a number of occasions. By failing to lodge prescribed information in relation to an election an organisation or a branch contravenes a civil penalty provision.

[4] The Branch was informed that the prescribed information was not lodged before the day prescribed by Regulation 138(3) of the Fair Work (Registered Organisations)

Regulations 2009. That day is the day occurring 2 months before the first day when a person

may, under the rules of the organisation or branch, become a candidate in the election. The Branch advised me that the reason for elections not being conducted at the scheduled time is that the Branch could not attract sufficient numbers of nominations to fill the Branch offices. The Branch has acknowledged the extended delay and provided an explanation for the delay. While I accept that the Branch may have experienced difficulty in attracting sufficient nominations, the Branch nonetheless was obligated under section 189(1) of the Fair Work

(Registered Organisations) Act 2009 to lodge the prescribed information in relation to

elections for its offices to be conducted by the Australian Electoral Commission. The fact that elections have not been held for a considerable period of time does not obviate the need for an election. I do not want to frustrate the democratic function of the Branch and therefore I allow lodgement on 15 March 2013 in the present circumstance.

[5] I am satisfied under these circumstances 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.
[2013] FWCD 8546

[6] Although arrangements are being made for the conduct of an election for the above offices this does not excuse the non-lodgement of the prescribed information for those offices within the prescribed periods nor does it 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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