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

[2015] FWCD 1780

[2015] FWCD 1780

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

(E2015/97)

MR ENRIGHT	MELBOURNE, 19 MARCH 2015
Arrangement for conduct of election.

[1]        On 6 March 2015 the Western Australian Divisional Branch of the Plumbing Division

of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and

Allied Services Union of Australia (the organisation) lodged with the Fair Work Commission

(the Commission) the prescribed information for an election.

[2]        On 16 March 2015 the organisation lodged further and amended prescribed

information. The amended prescribed information removed the office of one Delegate to

National Council, as that office was not required to be elected under the relevant rules. An

amended resolution was also provided to verify the organisation’s requirement for a Branch

Organiser, in accordance with the relevant rules. The further prescribed information is in

relation to an election for the following offices:

Branch President	(1)
Branch Secretary	(1)
Branch Organiser	(1)
Branch Committee of Management Member	(6)
Federal Vice-President	(1)

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

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

[4]        On 11 March 2015, Mr Earl Setches, the Divisional Secretary of the Plumbing

Division of the CEPU (the Division), provided a request for an extension of time for

lodgement of the prescribed information. The request provides that the delay in lodgement

arose due to a misunderstanding of the definition of “prescribed day” as set out in regulation

138(3) of the Fair Work (Registered Organisations) Regulations 2009. Mr Setches further

notes that the various pieces of prescribed information for the last quadrennial elections for

offices of the Division and its branches and sub-branches were also lodged in 2011 about the

same time according to that previous misunderstanding.
[2015] FWCD 1780

[5]        Rule 49.4 of the rules of the Division provides that nominations “must open no later

than the last Monday in March in each election year”. Therefore, according to the rules of the

Division, the first day when a person may become a candidate in the election is 30 March

2015 at the latest. Given this, the prescribed information was required to be lodged before 30

January 2015.

[6]        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 Setches. 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

their own governance formulated by organisations themselves, 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 failure of the organisation to lodge the prescribed information before the prescribed day

contravenes section 189(2) of the Act which is a civil penalty provision. Failures 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.

[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.

[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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