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

[2015] FWCD 3491

[2015] FWCD 3491

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

(E2015/158)

MR ENRIGHT	MELBOURNE, 22 MAY 2015
Arrangement for conduct of election.

[1]        On 7 May 2015, the Western Australian 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

lodged with the Fair Work Commission the prescribed information in relation to an election.

[2]        On 21 May 2015, the Branch lodged further prescribed information in relation to an

election for the following offices:

DIVISIONAL COUNCIL

Divisional Branch Delegates to Divisional Council from:

Western Australian Divisional Branch	(3)
WESTERN AUSTRALIAN DIVISIONAL BRANCH
Divisional Branch President	(1)
Divisional Branch Secretary/National Councillor	(1)
Divisional Branch Assistant Secretary	(1)

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

with the Rules) from:

Bunbury Sub-Branch

Divisional State Councillors from the following sections:

General Trade	(3)
Supply Authorities	(4)
Transport Industry	(1)
Manufacturing Industry	(2)
Electrical Contracting Industry	(8)

[2015] FWCD 3491

Foundry Industry (1)

[3]        On 21 May 2015, the Branch also lodged a request under section 187 of the Fair Work

(Registered Organisations) Act 2009 (the Act) to conduct an election for the following non-

office positions:

WESTERN AUSTRALIAN DIVISIONAL BRANCH

Divisional Branch Organiser	(3)
Bunbury Sub-Branch

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

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

section 189(2) of the Act.

[5]        On 21 May 2015, Mr Leslie McLaughlan, the Divisional Branch Secretary of the

Branch, provided a request for an extension of time for lodgement of the prescribed

information.

[6]        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. Given this, the

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

prescribed information was lodged on 7 May 2015.

[7]        The rules of the Division provide that the number of two of the above offices or non-

office positions to be elected is to be determined by the Divisional Branch Executive before

the calling of the election. I note that the Divisional Branch Executive made that

determination in a meeting of 6 May 2015. The prescribed information was lodged the next

day.

[8]        Given this, and the relatively short delay in lodgement of the prescribed information, 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 3491

DELEGATE OF THE GENERAL MANAGER

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