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

[2015] FWCD 5005

[2015] FWCD 5005

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

(E2015/210)

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

[1]        On 22 July 2015 the Victorian Divisional Branch (the Branch) of the Electrical,

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

Information, Postal, Plumbing and Allied Services Union of Australia lodged with the Fair

Work Commission the prescribed information in relation to an election for the following

offices:

Divisional Branch Vice President	(1)
Divisional Branch Treasurer	(1)
Divisional Branch Executive Member from
the following sections:
General Trade/Maintenance/Manufacturing	(2)
Power Industry (Supply)	(1)
Electrical Contracting Industry	(3)

[2]        The prescribed information was not lodged before the prescribed day in accordance

with section 189(2) of the Fair Work (Registered Organisations) Act 2009 (the Act).

[3]        On 22 July 2015, the Fair Work Commission wrote to the abovenamed organisation

informing them that under section 189(2) of the Act prescribed information must be lodged

before the prescribed day, and that as on this occasion the prescribed information had not

been lodged before the prescribed day, a request for an extension of time would be required.

[4]        On 30 July 2015, Mr Troy Gray, the Divisional Branch Secretary of the abovenamed

organisation, submitted a request for an extension of time for lodgement of the prescribed

information and stated that the reason for the non-compliance was due to there not being a

two month period between declarations of results and the next State Council Meeting, which

is provided for in the Divisional rulebook of the organisation.

[5]        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 Gray. I have taken into consideration that the Divisional rulebook
[2015] FWCD 5005

of the organisation provides that such an election is to occur at the first Divisional State

Council meeting following the quadrennial elections. I have also taken into consideration that

in a previous election in the Branch of the abovenamed organisation in E2011/2648

(PR514357) the prescribed information was also lodged late.

[6]        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 in the Act, I

decline on this occasion to allow, in the formal sense intended by section 189(2) of the Act, a

later day for lodgement. The organisation should ensure that its rules do not conflict with the

requirements set out in the Act and its regulations.

[7] The refusal of an extension of time under section 189(2) of the Act does not, however,

affect a determination of an election notification matter for the purposes of section 189(3) of

the Act. I should remind the above organisation that 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.

[8]        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

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