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

[2016] FWCD 6782

[2016] FWCD 6782

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
The Australian Institute of Marine and Power Engineers
(E2016/222)
MR ENRIGHT	MELBOURNE, 29 SEPTEMBER 2016
Arrangement for conduct of election.

[1]        On 7 September 2016, the West Australia Branch (the Branch) of The Australian

Institute of Marine and Power Engineers lodged with the Fair Work Commission (the

Commission) the prescribed information in relation to an election for the following office:

Ordinary Member of Federal Council (1)

[2]        The Branch did not lodge the prescribed information before the prescribed day as

required by regulation 138(3) of the Fair Work (Registered Organisations) Regulations 2009.

The prescribed information should have been lodged by 23 August 2016. In its

correspondence dated 21 September 2016, the Branch Secretary Mr Blackmore stated the

delay was due to some recent internal re-organisation of the Branch which has witnessed the

retirement of a long serving staff member who typically had oversight of arranging

notification of Branch elections.

[3]        I am not satisfied that the above reason is a sufficient ground to justify the failure to

comply with a statutory obligation, nor is it clear to me that the Branch appreciates the

seriousness or potential implications of continuing to contravene its statutory obligations.

[4] In a Decision I issued on 1 July 2015 ([2015] FWCD 4057; PR568405) relating to the

abovementioned Branch, I refused a request for an extension of time following a similar

request from Mr Blackmore made on 25 June 2015. In his correspondence of 25 June 2015,

Mr Blackmore specifically undertook that the Branch would ensure that greater care is

exercised in these matters in the future. I accepted the undertaking by the Branch Secretary

although it is not now clear to me that the greater care referred to has actually occurred.

[5]        In all the circumstances, 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 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.
[2016] FWCD 6782

[6]        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. The Commission is committed to ensuring high levels of compliance by registered

organisations with their statutory obligations and it should come as no surprise to the Branch

that continued contravention of the Act will be met with a proportionate regulatory response.

[7]        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.

[8]        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

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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