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

[2015] FWCD 3576

[2015] FWCD 3576

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

(E2015/156)

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

[1]        On 6 May 2015 the Victorian Divisional Branch (the Branch) of the Electrical, Energy

and Services Division (the 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.

[2]        On 1 June 2015 the Commission wrote to the abovenamed Branch of the CEPU

requesting confirmation of the number of Branch members to determine the number of

Branch Delegates to the Divisional Council. The correspondence also stated that the Branch

was required to make a request for an extension of time for lodgement.

[3]        On 3 June 2015 the abovenamed Branch of the CEPU lodged further prescribed

information confirming the number of Branch members. The election is in relation to the

following offices:

VICTORIAN DIVISIONAL BRANCH

Divisional Branch President/National Councillor	(1)
Divisional Branch Secretary/National Councillor	(1)
Divisional Branch Assistant Secretary	(2)
Delegates to Divisional Branch Conference from
the following sub-branches:

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Eastern District Sub-Branch	(5)
Geelong Western District Sub-Branch	(5)
Greater Melbourne District Sub-Branch	(8)
Central Northern District Sub-Branch	(5)

Divisional State Councillors from the following

Sections:

General Trade / Maintenance / Manufacturing	(8)
Power Industry	(5)
(including Supply Authorities)
Electrical Contracting Industry	(17)
Divisional Branch Delegates to Divisional	(4)
Council

[4]        On 6 May and 3 June 2015 the abovenamed Branch of the CEPU also lodged, under

section 187 of the Fair Work (Registered Organisations) Act 2009 (the Act), prescribed

information in relation to an election for the following non-office positions:

Divisional Branch Organiser	(14)
Eastern District Sub-Branch
Sub-Branch President	(1)
Sub-Branch Vice President	(1)
Sub-Branch Secretary	(1)

Geelong Western District Sub-Branch

Sub-Branch President	(1)
Sub-Branch Vice President	(1)
Sub-Branch Secretary	(1)

Greater Melbourne District Sub-Branch

Sub-Branch President	(1)
Sub-Branch Vice President	(1)

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Sub-Branch Secretary (1)

Central Northern District Sub-Branch

Sub-Branch President	(1)
Sub-Branch Vice President	(1)
Sub-Branch Secretary	(1)

[5]         The prescribed information was not lodged before the prescribed day as required by

section 189(2) of the Act, but on the prescribed day.

[6]        The correspondence of 3 June 2015 from the Divisional Branch Secretary, Mr Troy

Gray, made a request for an extension of time to lodge the prescribed information.

[7]        Rule 15.17.1 of the rules of the Division provides that nominations shall open on the

first Monday in July of an election year. Therefore, according to the rules of the Division, the

first day when a person may become a candidate in the election is 6 July 2015. Therefore, the

prescribed information was required to be lodged before 6 May 2015. As noted above, the

prescribed information was lodged on 6 May 2015, one day late.

[8]        Considering the briefness of the delay in lodgement, and the fact that Mr Gray stated

that the Branch was of the understanding that 6 May 2015 was within the required time frame,

I will allow a later day for lodgement of the prescribed information pursuant to section 189(2)

of the Act. However, I remind the Branch that there is a normal and reasonable expectation

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

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

their own governance formulated by organisations themselves. The failure of an organisation

to lodge the prescribed information before the prescribed day contravenes section 189(2) of

the Act which is a civil penalty provision. Failure by organisations to comply with civil

penalty provisions may be the subject of applications by the Fair Work Commission for

orders in the Federal Court.

[9]        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 3576

DELEGATE OF THE GENERAL MANAGER

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[2015] FWCD 3576