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

[2015] FWCD 4057

[2015] FWCD 4057

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
The Australian Institute of Marine and Power Engineers
(E2015/181)
MR ENRIGHT	MELBOURNE, 1 JULY 2015
Arrangement for conduct of election.

[1]        On 28 May 2015 the Western Australian Branch (the 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 for the following

offices:

Western Australian Branch

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

[2]        The prescribed information was not lodged before the prescribed day in accordance

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

[3]        On 25 June 2015 Mr Christopher Blackmore, the Branch Secretary of AIMPE made a

request for an extension of time for lodgement of the prescribed information. The request

provided that the delay in lodgement was an error of the Branch and that greater care would

be exercised in these matters in the future.

[4]        The prescribed information provided that nominations would open on 22 June 2015.

Therefore, according to the prescribed information, the first day when a person may become a

candidate in the election is 22 June 2015. Given this, the prescribed information was required

to be lodged before 22 April 2015.

[5]        With regard to the request for an extension of time for lodgement of the prescribed

information, I have considered the explanation for the delay in lodging the prescribed

information provided by Mr Blackmore. Having regard to the normal and reasonable

expectation that registered organisations take steps to ensure that they comply with the time-

frame requirements set out not only in the Act but also in instruments or references pertaining

to their own governance formulated by organisations themselves, I decline on this occasion to

allow, in the formal sense intended by section 189(2) of the Act, a later day for lodgement.
[2015] FWCD 4057

[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. However the failure of an organisation to lodge prescribed information before the

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

2009 and is a civil penalty provision which may be the subject of application by the Fair

Work Commission for orders in the Federal Court.

[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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