Australian Nursing and Midwifery Federation-New South Wales Branch

[2016] FWCD 2748

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
Australian Nursing and Midwifery Federation
(E2016/129)
MR ENRIGHT	MELBOURNE, 3 MAY 2016
Arrangement for conduct of election.

[1] On 21 April 2016 the New South Wales Branch of the Australian Nursing and

Midwifery Federation lodged with the Fair Work Commission the prescribed information in

relation to an election for the following offices:

Branch Secretary (1)
Branch Assistant Secretary (1)
Branch President (1)
Branch Vice President (1)
Branch Executive Members (4)
Branch Councillors (15)
[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 Fair Work Commission was asked to make arrangements for the conduct of an election for various offices within the New South Wales Branch of the Australian Nursing and Midwifery Federation. The positions in question included Branch Secretary, Branch Assistant Secretary, Branch President, Branch Vice President, Branch Executive Members, and Branch Councillors. The Commission was required to act under subsection 189(3) of the Fair Work (Registered Organisations) Act 2009, following the submission of the prescribed information for the election on 21 April 2016.

The primary legal issue before the Commission was whether the prescribed information provided by the union branch was sufficient to warrant an election for the specified positions, and if so, whether the Commission was authorised to make the necessary arrangements for the conduct of the election through the Australian Electoral Commission. The Commission needed to assess whether the union branch's internal rules necessitated the election, and if so, whether it was within the Commission's authority to facilitate the process.

In making its determination, the Commission found that the union branch had indeed provided the necessary prescribed information and that the internal rules of the organisation required an election for the specified positions. The Commission was satisfied that it had the authority to make arrangements for the conduct of the election under subsection 189(3) of the Fair Work (Registered Organisations) Act 2009. The Commission therefore authorised the Australian Electoral Commission to conduct the election.

The Fair Work Commission determined that an election for the specified positions within the New South Wales Branch of the Australian Nursing and Midwifery Federation was required. The Commission authorised the Australian Electoral Commission to conduct the election in accordance with the provisions of the Fair Work (Registered Organisations) Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Branch Secretary	(1)
Branch Assistant Secretary	(1)
Branch President	(1)
Branch Vice President	(1)
Branch Executive Members	(4)
Branch Councillors	(15)