Civil Contractors Federation-Victorian Branch

[2015] FWCD 3788

[2015] FWCD 3788

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
Civil Contractors Federation
(E2015/168)
MR ENRIGHT	MELBOURNE, 4 JUNE 2015
Arrangement for conduct of election.

[1]        On 18 May 2015 the Victorian Branch of the Civil Contractors Federation lodged

with the Fair Work Commission the prescribed information in relation to an election for the

following offices:

Branch President

Branch Vice President

Branch Honorary Treasurer

Branch Board Members (9)

National Board Member

Alternate National Board Member

[2]        Mr Dominic De-Fazio, Victorian Branch President of the Civil Contractors Federation,

requested an extension of time for lodgement of the prescribed information. The request

provides that the delay in lodgement arose due to a late change in the scheduling of the

Branch Annual General Meeting.

[3]        Rules 29(c) and 50(b)(i) of the rules of the organisation provide that nominations for

the relevant offices are called for not less than 50 days before the Branch Annual General

Meeting. The prescribed information provides that the Branch Annual General Meeting is

scheduled for 3 September 2015 and that nominations shall open prior to 15 July 2015.

Therefore, according to the rules of the organisation, and the prescribed information, the first

day when a person may become a candidate in the election is 15 July 2015. Accordingly, the

prescribed information was required to be lodged before 15 May 2015. The prescribed

information was lodged on 18 May 2015, three days late.

[4]        With regard to the request for an extension of time for lodgement of the prescribed

information, I have considered the explanation for the delay in lodging the prescribed

information provided by Mr De-Fazio. Having regard to the normal and reasonable

expectation that registered organisations take steps to ensure that they comply with the time-

frame requirements set out not only in the Act but also in instruments or references pertaining

to the governance arrangements formulated by organisations themselves, I allow a later day

for lodgement.
[2015] FWCD 3788

[5]        While I have allowed a later day for lodgement in the circumstances of this

application, the failure of an organisation to lodge prescribed information before the

prescribed day contravenes section 189(2) of the Act and is a civil penalty provision which

may be the subject of applications by the Fair Work Commission for orders in the Federal

Court.

[6]        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

<Price code A, PR568046>