Construction, Forestry, Mining and Energy Union

[2014] FWCD 5931

[2014] FWCD 5931

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
Construction, Forestry, Mining and Energy Union
(E2014/199)
MR ENRIGHT	MELBOURNE, 1 SEPTEMBER 2014
Arrangement for conduct of election.

[1] On 26 August 2014 the Construction, Forestry, Mining and Energy Union (the CFMEU) lodged with the Fair Work Commission (the Commission) the prescribed information in relation to an election for the following offices:

National Executive Committee

National President	(1)
National Vice President	(3)
National Secretary	(1)
National Assistant Secretary	(1)
National Executive Committee Member (Construction and General Division)	(3)
National Executive Committee Member (Mining and Energy Division)	(2)

[2] On 26 August 2014, the abovenamed organisation requested an extension of time to lodge prescribed information which, in accordance with s 189(2) of the Fair Work (Registered

Organisations) Act 2009 (the Act) was due to be lodged by 1 July 2014. Although the

prescribed day for lodgement had already passed, the CFMEU applied for an extension of time and stated in the application that the reasons for the delay in lodgement include the departure of industrial staff from the organisation as well “the burden of various external compliance obligations” upon the remaining industrial staff.

[3] The CFMEU may have been aware prior to the prescribed day and must have known for at least seven weeks after the prescribed day that the lodgement would not occur in accordance with s 189(2) of the Act unless the General Manager (or delegate) allowed a later lodgement. In those circumstances, it would have been appropriate for the CFMEU to engage with the Commission about the matter.

[4] I have considered the circumstances and the reasons articulated by the CFMEU and

have decided to extend the time for lodgement of the prescribed information until 26 August
2014 pursuant to subsection 189(2) of the Act.
[2014] FWCD 5931

[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 Act. I am making
arrangements for the conduct of the election by the Australian Electoral Commission.

DELEGATE OF THE GENERAL MANAGER

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