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

[2014] FWCD 7541

[2014] FWCD 7541

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
The Australian Institute of Marine and Power Engineers
(E2014/221)
MR ENRIGHT	MELBOURNE, 31 OCTOBER 2014
Arrangement for conduct of election.

[1] On 22 October 2014, the South Australia Branch (the Branch) of The Australian

Institute of Marine and Power Engineers (the organisation) lodged with the Fair Work
Commission (the Commission) prescribed information in relation to an election.

[2] On 29 October 2014, the Branch of the abovenamed organisation lodged with the Commission amended prescribed information in relation to an election for the following offices:

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

[3] On 9 October 2014, the Commission wrote to the Branch of the abovenamed organisation reminding it of its requirement to lodge prescribed information for a scheduled election and stating that a request for an extension of time to lodge the prescribed information should also be made as it appeared that the prescribed information should have been lodged in September 2014. On 21 October 2014, the Commission again wrote to the Branch of the abovenamed organisation stating that the Commission had not yet received the prescribed information and stating that it appeared the Branch could be in breach of section 189(2) of the

Fair Work (Registered Organisations) Act 2009 (the Act).

[4] On 22 and 29 October 2014, the Branch of the abovenamed organisation requested an extension of time to lodge the prescribed information and stated that the reason for the delay in the lodgement of the prescribed information was due to a misunderstanding over the length of the term of the offices above.

[5] I have considered the circumstances and the reasons provided by the Branch of the abovenamed organisation and have decided to extend the time for lodgement of the prescribed information until 22 October 2014, in accordance with section 189(2) of the Act. I have taken this step so as to prevent any further delay in the conduct of the scheduled election.

[2014] FWCD 7541

[6] 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 Act, I am making
arrangements for the conduct of the election by the Australian Electoral Commission.

[7] However, having regard to the fact that two reminder letters were provided to the Branch of the abovenamed organisation, and having regard to the requirements of the Act, I do not accept the reasons provided satisfactorily explains the failure referred to above. In particular, the application does not make clear the basis upon which the Branch Secretary had held a misunderstanding over the length of the term of the offices above.

[8] The Branch of the abovenamed organisation is urged to carefully consider its compliance obligations with respect to its 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 Act.

DELEGATE OF THE GENERAL MANAGER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR556974>