Consult Australia [Industrial]

[2015] FWCD 1792

[2015] FWCD 1792

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
Consult Australia [Industrial]
(E2015/90)
MR ENRIGHT	MELBOURNE, 18 MARCH 2015
Arrangement for conduct of election.

[1]        On 23 and 27 February 2015 the Fair Work Commission wrote to Consult Australia

[Industrial] to advise that it was overdue in lodging prescribed information in relation to a

scheduled election.

[2]        On 3 March 2015 the Consult Australia [Industrial] lodged with the Fair Work

Commission the prescribed information in relation to an election for the following offices:

National Council

National President	(1)
Secretary/Treasurer	(1)
National Councillor	(3)

[3]        Consult Australia [Industrial] did not lodge the prescribed information before the

prescribed day as required by regulation 138(3) of the Fair Work (Registered Organisations)

Regulations 2009. In its correspondence of 3 March 2015, the organisation stated that the

delay had been due to an oversight primarily caused by a lack of familiarity with the process

of being a registered organisation and also due to an incorrect interpretation of its rules. The

organisation also stated that it had taken immediate action to resolve the matter by appointing

an industrial officer to assist with compliance matters.

[4]        Consult Australia [Industrial] was registered as an organisation on 1 July 2014. Rule

47(e) of the organisation’s rulebook states that within 60 days of registration the

Secretary/Treasurer shall apply to the Fair Work Commission for the Australian Electoral

Commission to conduct elections. The prescribed information should have been lodged by 30

August 2014. I have considered the explanation for the delay in lodging the prescribed

information provided by Mr Hopkins, the Secretary of Consult Australia [Industrial]. 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 Consult Australia [Industrial] to lodge the
[2015] FWCD 1792

prescribed information before the prescribed day therefore renders the organisation liable for

a civil penalty provision pursuant to section 189(2) of the Fair Work (Registered

Organisations) Act 2009.

[5]        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.

[6]        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

Printed by authority of the Commonwealth Government Printer

<Price code A, PR562048>