Australian Municipal, Administrative, Clerical and Services Union-Taxation Officers Branch - [2015] FWCD 1149

[2015] FWCD 1149

DECISION

Fair Work (Registered Organisations) Act 2009

s.189—Arrangement for conduct of an election

Australian Municipal, Administrative, Clerical and Services Union

(E2015/52)

MR ENRIGHT	MELBOURNE, 18 FEBRUARY 2015
Arrangement for conduct of election.

[1] On 8 January 2015 the Taxation Officers 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/National Executive Representative
Branch Vice-President
Branch Secretary/National Executive Representative
Branch Assistant Secretary
Branch Treasurer
Branch Executive Members (2)
National Conference Delegates (3)
Alternate National Conference Delegate
Alternate National Executive Representative
[2] The prescribed information 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 has requested that I allow a later

day for the lodgement of the prescribed information under subsection 189(2) of the Fair Work

(Registered Organisations) Act 2009 (the Act). Having considered the reason for late

lodgement, I allow lodgement on 8 January 2015 in this instance.
[2015] FWCD 1149

[3] 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

Printed by authority of the Commonwealth Government Printer

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

AGLC: Australian Municipal, Administrative, Clerical and Services Union-Taxation Officers Branch [2015] FWCD 1149
Case: [2015] FWCD 1149
Decision Date: 19 February 2015

CaseChat Overview and Summary

The Australian Municipal, Administrative, Clerical and Services Union (AMACSU) Taxation Officers Branch sought to hold an election for various positions, including Branch President and Branch Vice-President, among others. However, the required information for the election was not lodged with the Fair Work Commission before the specified deadline. The branch subsequently requested that the Fair Work Commission permit a later lodgement date. The matter was brought before the Fair Work Commission to determine whether the late lodgement should be allowed and to make arrangements for the election to proceed.

The primary legal issue before the Fair Work Commission was whether to permit the late lodgement of the prescribed information for the election under subsection 189(2) of the Fair Work (Registered Organisations) Act 2009. This required the Commission to consider the reasons for the late lodgement and decide whether the circumstances warranted an exception to the usual timeframe. Additionally, the Commission needed to determine if the election could proceed as required under the rules of the organisation, and if so, to make the necessary arrangements for the conduct of the election.

In making its decision, the Fair Work Commission found that an election for the specified positions was indeed required under the rules of the organisation. The Commission considered the reasons provided for the late lodgement of the prescribed information and concluded that the circumstances justified allowing the late lodgement in this instance. As a result, the Commission permitted the lodgement on 8 January 2015 and made arrangements for the Australian Electoral Commission to conduct the election. The Commission was satisfied that the election could proceed as required and that the necessary steps were taken to ensure a fair and lawful process.

The Fair Work Commission ordered that the lodgement of the prescribed information on 8 January 2015 be permitted and that the Australian Electoral Commission be directed to conduct the election for the specified positions within the Taxation Officers Branch of the Australian Municipal, Administrative, Clerical and Services Union. This decision ensured that the election could proceed in accordance with the rules of the organisation and within the legal framework provided by the Fair Work (Registered Organisations) Act 2009.

Orders