Australian Municipal, Administrative, Clerical and Services Union-South Australian and Northern Territory Branch

[2015] FWCD 1136

[2015] FWCD 1136

DECISION

Fair Work (Registered Organisations) Act 2009

s.189—Arrangement for conduct of an election

Australian Municipal, Administrative, Clerical and Services Union

(E2014/275)

MR ENRIGHT	MELBOURNE, 19 FEBRUARY 2015
Arrangement for conduct of election.

[1]        On 23 December 2014 and 12 and 17 February 2015 the South Australian and

Northern Territory Branch of the Australian Municipal, Administrative, Clerical and Services

Union lodged with the Fair Work Commission the prescribed information in relation to an

election for the following offices:

Branch President

Branch Deputy President

Branch Vice President (Energy and Local Government Industry Sections)

Branch Vice President (Women) (Energy and Local Government Industry Sections)

Branch Vice President (Airlines & Federal Awards, Commercial, Finance, Community

Services, Legal Industry and Northern Territory Industry Sections)

Branch Vice President (Women) (Airlines & Federal Awards, Commercial, Finance,

Community Services, Legal Industry and Northern Territory Industry Sections)

Branch Secretary/National Executive Representative

Branch Assistant Secretary/National Executive Representative

Branch Councillors (General) and Branch Councillors (Women) from each of the

Industry Sections:

Members	Members
(General)	(Women)

Section 1	Airlines & Federal Awards	1	1
Section 2	Commercial	1	2
Section 3	Energy	1	1
Section 4	Local Government	2	3
Section 5	Community Services	1	1
Section 6	Finance	1	1
Section 7	Legal Industry	1	0
Section 8	Northern Territory	1	0

[2015] FWCD 1136

Branch Conference Delegates and Branch Conference Delegates (Women) from the

following Industry Sections:

Members	Members
(General)	(Women)

Airlines & Federal Awards	1	0
Commercial	1	1
Energy	1	1
Local Government	2	2
Community Services	1	2
Finance	1	0
Legal Industry	1	0
Northern Territory	1	1
National Conference Delegates (7)
First Alternate National Conference Delegate
Second Alternate National Conference Delegate
Third Alternate National Conference Delegate

[2]        On 17 February 2015, the Branch lodged prescribed information under subsection

187(3) of the Fair Work (Registered Organisations) Act 2009 in relation to an election for the

following positions:

Convenor, Deputy Convenor and Co-ordinator/Secretary for each of the following

Industry Section Organising Committees:

Airlines & Federal Awards

Commercial

Energy

Local Government

Community Services

Finance

Legal Industry

Northern Territory

[3] Subsection 182(1) of the Fair Work (Registered Organisations) Act 2009 requires the

Australian Electoral Commission to conduct an election for each office in an organisation or

branch of an organisation unless an exemption has been granted under section 182(2). No

such exemption has been granted in relation to the offices of Branch Deputy President,

National Conference Delegate or Alternate National Conference Delegate.

[4]        Elections for the offices of Branch Deputy President, National Conference Delegate

and Alternate National Conference Delegate are significantly overdue. Arrangements for the

conduct of an election for the above offices have not been made for a significant period of

time. The term of office for the Branch Deputy President is 2 years whilst the National

Conference Delegates and Alternate National Conference Delegates are elected for 4 years.

As a result the prescribed information should have been lodged and was not lodged within the

prescribed periods on a number of occasions. By failing to lodge prescribed information in

relation to an election an organisation or a branch contravenes a civil penalty provision.

[2015] FWCD 1136

[5]         The Branch was informed that the prescribed information in relation to the offices of

Branch Deputy President, National Conference Delegate and Alternate National Conference

Delegate was not lodged before the day prescribed by Regulation 138(3) of the Fair Work

(Registered Organisations) Regulations 2009. That day is the day occurring 2 months before

the first day when a person may, under the rules of the organisation or branch, become a

candidate in the election. The Branch advised that the reason for elections not being

conducted at the scheduled time by the Australian Electoral Commission is that elections for

the offices in question have been run by the Branch rather than by the Australian Electoral

Commission as required by subsection 182(1) of the Fair Work (Registered Organisations)

Act 2009. The Branch had in error understood the rules to allow for those elections to be

conducted internally as they were collegiate and the relevant electorates had been dually

elected under the rules. The Branch advised that the elections were undertaken in accordance

with the rules of the organisation. The Branch has given an undertaking that prescribed

information for all future elections will be lodged for all offices within the Branch. While I

accept that the Branch was not aware that elections for the offices in question are required to

be conducted by the Australian Electoral Commission, the Branch nonetheless was obligated

under section 189(1) of the Fair Work (Registered Organisations) Act 2009 to lodge the

prescribed information in relation to elections for its offices to be conducted by the Australian

Electoral Commission. The fact that elections have not been held for a significant period of

time does not obviate the need for an election. I do not want to frustrate the democratic

function of the Organisation and therefore I allow lodgement on 12 February 2015 in the

present circumstance.

[6]        I am satisfied under these circumstances that an election for the abovenamed offices

and positions 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.

[7]        Although arrangements are being made for the conduct of an election for the above

offices and positions this does not excuse the non-lodgement of the prescribed information for

the offices of Branch Deputy President, National Conference Delegate and Alternate National

Conference Delegate within the prescribed periods nor does it exclude the possibility of action

being undertaken under section 305 of the Fair Work (Registered Organisations) Act 2009.

DELEGATE OF THE GENERAL MANAGER

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