Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia-Electrical, Energy and Services Division - Tasmanian Divisional Branc

[2015] FWCD 3533

[2015] FWCD 3533

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

(E2015/161)

MR ENRIGHT	MELBOURNE, 4 JUNE 2015
Arrangement for conduct of election.

[1]        On 12 May 2015 the Tasmanian 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) the prescribed information in relation to an election for the

following offices and non-office position:

DIVISIONAL COUNCIL

Divisional Branch Delegates to Divisional Council from:

Tasmanian Divisional Branch	(3)
TASMANIAN DIVISIONAL BRANCH
Divisional Branch President	(1)
Divisional Branch Secretary/National Councillor	(1)
Divisional Branch Organiser	(1)
Delegates to Divisional Branch Conference from:
Northern Section	(3)
North West Section	(3)
Southern Section	(5)

Divisional State Councillors from the following

sections:

[2015] FWCD 3533

Northern Section	(2)
North West Section	(2)
Southern Section	(4)

[2]        On 26 May 2015, the Commission wrote to the abovementioned Tasmanian 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. 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 6 days after

the prescribed day.

[3]        On 1 June 2015, the abovementioned Tasmanian Divisional Branch provided amended

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

prescribed information. The request provides that the delay in lodgement was due to an

oversight regarding timing.

[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 Gauld, 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 Act 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 position 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 3533

DELEGATE OF THE GENERAL MANAGER

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