Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Electrical, Energy and Services Division - New South Wales Division

[2015] FWCD 3644

[2015] FWCD 3644

DECISION

Fair Work (Registered Organisations) Act 2009

s.189—Arrangement for conduct of an election

Communications, Electrical, Electronic, Energy, Information, Postal,

Plumbing and Allied Services Union of Australia

(E2015/164)

MR ENRIGHT	MELBOURNE, 17 JUNE 2015
Arrangement for conduct of election.

[1]        On 13 May and 4 June 2015 the New South Wales Divisional Branch of the Electrical,

Energy and Services Division of the Communications, Electrical, Electronic, Energy,

Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) lodged

with the Fair Work Commission (the Commission) prescribed information in relation to an

election for the following offices and non-office positions:

DIVISIONAL COUNCIL

Divisional Branch Delegates to Divisional Council from:

New South Wales Divisional Branch	(4)
NEW SOUTH WALES DIVISIONAL BRANCH
Divisional Branch President/National Councillor	(1)
Divisional Branch Secretary/National Councillor	(1)
Divisional Branch Assistant Secretary	(1)
Divisional Branch Organiser	(8)

Divisional State Councillors for the following sections (numbers to be determined in

accordance with Rule 20.3.5):

Radio, Television and Communications

Manufacturing

Transport Authorities

Electrical Contracting

General Trade

Supply Authorities

Salaried Officers

[2015] FWCD 3644

Delegates to Divisional Branch Conference (numbers to be determined in accordance

with Rule 20.2.4) from:

Bankstown Sub-Branch

Berrima Sub-Branch

Canberra Sub-Branch

Central Coast Sub-Branch

Central Tablelands Sub-Branch

Central West Sub-Branch

City Sub-Branch

Hurstville Sub-Branch

Macleay Manning Sub-Branch

Murray Valley Sub-Branch

Newcastle Sub-Branch

New England Sub-Branch

Northern Sub-Branch

North Coast Sub-Branch

Parramatta Sub-Branch

Pittwater Sub-Branch

Riverina Sub-Branch

South Coast Sub-Branch

Southern Highlands Sub-Branch

Western Sub-Branch

Divisional Sub-Branch Chairman (1) and Divisional

Sub-Branch Secretary (1) from:

Bankstown Sub-Branch

Berrima Sub-Branch

Canberra Sub-Branch

Central Coast Sub-Branch

Central Tablelands Sub-Branch

Central West Sub-Branch

City Sub-Branch

Hurstville Sub-Branch

Macleay Manning Sub-Branch

Murray Valley Sub-Branch

Newcastle Sub-Branch

New England Sub-Branch

Northern Sub-Branch

North Coast Sub-Branch

Parramatta Sub-Branch

Pittwater Sub-Branch

Riverina Sub-Branch

South Coast Sub-Branch

Southern Highlands Sub-Branch

Western Sub-Branch

[2015] FWCD 3644

[2]        On 29 May 2015, the Commission wrote to the abovementioned New South Wales

Divisional Branch of the CEPU and requested confirmation of the number of Branch

members to determine the number of Branch Delegates to the Divisional Council and to

confirm the number of Divisional Branch Organisers. The correspondence also stated that the

abovementioned Branch was required to make a request to lodge the prescribed information

on a later day as the prescribed information was lodged 7 days after the prescribed day.

[3]        On 4 June 2015, the abovementioned New South Wales Divisional Branch provided

amended prescribed information, confirmed the number of Branch members and Branch

Organisers, and also made a request for an extension of time to lodge the prescribed

information. The request stated that the delay in lodgement was due to it being ‘erroneously

sent’.

[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 Butler, the Branch Secretary. 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.

[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 Fair Work (Registered Organisations) Act

2009 and is a civil penalty provision which may be the subject of application by the Fair

Work Commission for orders in the Federal Court.

[6]        I am satisfied that an election for the abovenamed offices and non-office positions 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.

[2015] FWCD 3644

DELEGATE OF THE GENERAL MANAGER

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