Australian Principals Federation; Australian Principals Federation-Victorian Branch; Australian Principals Federation-Western Australian Branch

[2016] FWCD 4172

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
Australian Principals Federation
(E2016/140, E2016/141 & E2016/142)
MR ENRIGHT	MELBOURNE, 24 JUNE 2016
Arrangement for conduct of election.

[1] On 9 May 2016, the Australian Principals Federation (the organisation) and its

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

election for the following offices:

Federal President
Federal Senior Vice President
Federal Junior Vice President
Federal Treasurer
Victorian Branch
Federal Councillors comprising:
Primary Sector Representative (2)
Secondary Sector Representative (2)

Branch Executive comprising:
Branch President
Branch Vice President
Branch Treasurer
Branch Executive Members from the following sectors:
Primary Sector
Secondary Sector
Comprehensive Sector

Branch Councillors comprising:
Primary Sector Representatives from the following regions:
North Eastern Victoria region (2)
South Eastern Victoria region (2)
North Western Victoria region (2)
South Western Victoria region (2)

Secondary Sector Representatives from the following regions:
North Eastern Victoria region (2)
South Eastern Victoria region (2)

[2016] FWCD 4172

North Western Victoria region (2)
South Western Victoria region (2)
Comprehensive Sector Representatives from the following regions:
North Eastern Victoria region
South Eastern Victoria region
North Western Victoria region
South Western Victoria region

Statewide Sector Representatives from the following Sectors:
Statewide Primary Sector
Statewide Secondary Sector
Statewide Comprehensive Sector

Western Australian Branch
Federal Councillors comprising:
Primary Sector Representative (2)
Secondary Sector Representative

Branch Executive comprising:
Branch President
Branch Vice President
Branch Treasurer
Branch Executive Members from the following sectors:
Primary Sector
Secondary Sector
District High School Sector

Branch Councillors comprising representatives from the following Sectors:
Primary Sector (4)
Secondary Sector (4)
District High School Sector (4)

[2]

Today I certified, in part, rule alterations that impact upon the election process.

draw the organisation’s attention to alterations I did not certify which would have allowed the

organisation and its branches to appoint to offices that were vacant because insufficient

nominations were received at an election. I remind the organisation that offices must be filled

2

by election in accordance with the rules.

Should insufficient nominations be received further

prescribed information is to be lodged as soon as possible for another election.

[2016] FWCD 4172

[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

[2016] FWCD 4123.

Section 143(1)(a) of the Fair Work (Registered Organisations) Act 2009.

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Principals Federation and its branches sought an arrangement for the conduct of an election under section 189 of the Fair Work (Registered Organisations) Act 2009. The dispute centred around the need to hold an election for various federal and branch offices within the organisation due to insufficient nominations received at a previous election. The case required the Commission to decide on the certification of rule alterations impacting the election process and to determine whether certain rule alterations, not certified, would allow the appointment of officers to vacant positions by the organisation and its branches, which the Commission ruled against.

The legal issues at hand were whether the certified rule alterations were appropriate and whether the uncertified rule alterations allowing the appointment of officers to vacant positions were valid. The Commission needed to ensure that the election process complied with the Fair Work (Registered Organisations) Act 2009 and that offices were filled by election rather than by appointment. The Commission's role was to certify the alterations to the rules governing the election process and to make arrangements for the conduct of the election through the Australian Electoral Commission.

The Commission was satisfied that an election was necessary for the specified offices under the organisation's rules and, pursuant to section 189(3) of the Fair Work (Registered Organisations) Act 2009, made arrangements for the conduct of the election by the Australian Electoral Commission. The Commission certified certain rule alterations impacting the election process while noting that others, which would have allowed the appointment of officers to vacant positions, were not certified. The Commission emphasised that offices must be filled by election in accordance with the rules and that further prescribed information should be lodged for another election if insufficient nominations were received again.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established