Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Electrical, Energy and Services Division - Western Australian Divis

[2015] FWCD 5190

[2015] FWCD 5190

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

(E2015/207)

MR ENRIGHT	MELBOURNE, 20 AUGUST 2015
Arrangement for conduct of election.

[1]        On 16 July 2015 the Western Australian 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 Commission) the prescribed information in relation to an

election for the following offices:

Divisional Branch Vice-President	(1)
Divisional Branch Executive Member
representing the following Sections:
General Trade	(1)
Supply Authorities	(1)
Transport Industry	(1)
Manufacturing Industry	(1)
Electrical Contracting Industry	(1)

[2]        On 4 August 2015, the Fair Work Commission wrote to the abovenamed organisation

informing them that it was unclear when nominations were to open for this election and that

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

prescribed information must be lodged before the prescribed day or a request for an extension

of time to lodge would be required.

[3]        On 5 August 2015, Mr Les McLaughlan, the Divisional Branch Secretary of the

abovenamed organisation wrote to the Commission and stated that the above election had

initially been planned to take place at the next State Council meeting on 5 August 2015 but

was now planned to occur on 7 October 2015. Accordingly, the prescribed information has

been lodged before the prescribed day. Mr McLaughlan also added that he was of the opinion

under the rules that the need to lodge the prescribed information two months prior was in

relation to the direct quadrennial election and that the collegiate election would follow from

that.
[2015] FWCD 5190

[4]        I am aware that the Divisional rulebook of the organisation provides that such an

election is to occur at the first Divisional State Council meeting following the quadrennial

elections however it is up to the organisation to ensure that its rules do not conflict with the

requirements set out in the Act and its regulations.

[5]        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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