Australian Institute of Marine and Power Engineers, The-South Australia Branch

[2016] FWCD 1657

[2016] FWCD 1657

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
The Australian Institute of Marine and Power Engineers
(E2016/101)
MR ENRIGHT	MELBOURNE, 30 MARCH 2016
Arrangement for conduct of election.

[1]        On 9 March 2016, the South Australia Branch of The Australian Institute of Marine

and Power Engineers (AIMPE) lodged with the Fair Work Commission (the Commission) the

prescribed information in relation to an election, due to insufficient nominations in a previous

election, for the following office:

Ordinary Member of Federal Council (1)

[2]        On 23 March 2016, the Commission contacted Mr MacLucas, the South Australia

Branch Secretary of the AIMPE and enquired as to the reasons for the delay in lodging the

prescribed information for this office when the declaration of results in the previous election

was made in January 2015, and which stated that no nominations for the above office was

received.

[3]        On 24 March 2016, Mr MacLucas wrote to the Commission stating that the reason for

the delay in lodging the prescribed information was due to unsuccessful attempts to find

anyone who would stand for the above office. Mr MacLucas added that historically the role

had been filled by a member from the Northern Territory for the last twenty years, however

no one had now showed any interest in the role from the Northern Territory but there was now

one member from South Australia who was interested in standing for the office.

[4]        Whilst I note the reason provided by Mr MacLucas for the delay in lodging prescribed

information, I do not accept that as a satisfactory reason for not lodging prescribed

information for more than twelve months after the declaration of results was released by the

Australian Electoral Commission.

[5]        I do not however propose to frustrate the democratic function of the above

organisation to conduct an election to fill the unfilled office. However, future prescribed

information in relation to elections arising as a result of insufficient nominations must be

lodged with the Commission in a more timely manner.

[6] I am satisfied that an election for the abovenamed office is required to be held under

the rules of the organisation and, under subsection 189(3) of the Fair Work (Registered
[2016] FWCD 1657

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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