Australian Institute of Marine and Power Engineers, The-Newcastle Branch

[2016] FWCD 5033

[2016] FWCD 5033

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
The Australian Institute of Marine and Power Engineers
(E2016/190)
MR ENRIGHT	MELBOURNE, 1 AUGUST 2016
Arrangement for conduct of election.

[1]        On 15 July 2016 the Newcastle Branch (the Branch) of The Australian Institute of

Marine and Power Engineers lodged with the Fair Work Commission the prescribed

information in relation to an election for the following offices:

Branch President	(1)
Branch Treasurer	(1)
Ordinary Member of Federal Council	(2)

[2]        On 26 July 2016 the Commission contacted the Branch to inform them that under

section 189(2) of the Fair Work (Registered Organisations) Act 2009 (the Act) prescribed

information must be lodged within such a time frame as to avoid delays in the election. On

this occasion the prescribed information had not been lodged within a time frame that would

allow all offices to be filled in accordance with the rules of the organisation or upon their

expiry, and that a request for an extension of time would be required.

[3]         On 26 July 2016 the Branch lodged a written request for an extension of time for

lodgement in accordance with s.189(2) of the Act. The Branch Secretary, Mr Ashton,

apologised for not lodging the prescribed information sooner and explained that the delay in

lodgement was due to an attempt to align the offices required to be elected into a single

election.

[4]        In the previous scheduled election for the abovenamed Branch offices (E2014/117) an

extension of time was sought for the same reason. On that occasion, I granted the extension of

time. Since that election, the Branch held a separate scheduled election for the office of

Branch Secretary (E2015/266) which did not include the abovenamed offices. I am not

satisfied that the reason provided is a sufficient ground to justify the repeated failure to

comply with a statutory obligation.

[5]        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

[2016] FWCD 5033

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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