Australian Municipal, Administrative, Clerical and Services Union-Taxation Officers Branch

[2013] FWCD 8482

DECISION

Fair Work (Registered Organisations) Act 2009

s.189—Arrangement for conduct of an election

Australian Municipal, Administrative, Clerical and Services Union

(E2013/283)

MR ENRIGHT	MELBOURNE, 29 OCTOBER 2013
Arrangement for conduct of election.

[1] On 4 October 2013 the Australian Municipal, Administrative, Clerical and Services Union - Taxation Officers Branch lodged with the Fair Work Commission the prescribed information in relation to an election to fill casual vacancies in the following offices:

Deputy Branch President (1)
Branch Councillor representing Southern Sub-Branch (1)
[2] 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

CaseChat Overview and Summary

The Australian Municipal, Administrative, Clerical and Services Union - Taxation Officers Branch, an affiliate of the Australian Council of Trade Unions, sought to fill casual vacancies in the positions of Deputy Branch President and Branch Councillor representing the Southern Sub-Branch. The case was before a delegate of the General Manager of the Fair Work Commission, Mr Enright, sitting in Melbourne on October 29, 2013. The Union had lodged the necessary information with the Fair Work Commission on October 4, 2013, to initiate an election process to fill the vacant positions as required by the organisation's rules.

The legal issue before the court was whether an election for the stated positions was indeed required under the rules of the organisation and if the arrangements for conducting the election could be made by the Australian Electoral Commission, as per subsection 189(3) of the Fair Work (Registered Organisations) Act 2009. The court had to determine if the prescribed information provided by the Union was sufficient to warrant the holding of an election and if the Union's rules necessitated such an election. Additionally, the court needed to confirm if the Australian Electoral Commission was the appropriate body to conduct the election as per the Act.

The delegate, Mr Enright, concluded that the Union's rules did require an election to be held for the positions of Deputy Branch President and Branch Councillor representing the Southern Sub-Branch. The prescribed information submitted by the Union was deemed adequate to initiate the election process. Furthermore, Mr Enright determined that the Australian Electoral Commission was the appropriate body to conduct the election as per subsection 189(3) of the Act. Consequently, the delegate made arrangements for the conduct of the election by the Australian Electoral Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established