CPSU, the Community and Public Sector Union-SPSF Group, South Australian Branch

[2014] FWCD 7962

[2014] FWCD 7962

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
CPSU, the Community and Public Sector Union
(E2014/241)
MR ENRIGHT	MELBOURNE, 28 NOVEMBER 2014
Arrangement for conduct of election.

[1] On 31 October 2014 the South Australian Branch of the SPSF Group of the CPSU, the Community and Public Sector Union lodged with the Fair Work Commission the prescribed information in relation to an election for the following offices:

Federal Vice-President
Branch Representative on Federal Executive

[2] Subsection 182(1) of the Fair Work (Registered Organisations) Act 2009 requires the Australian Electoral Commission to conduct an election for each office in an organisation or branch of an organisation unless an exemption has been granted under section 182(2). No such exemption has been granted in relation to the abovementioned offices.

[3] Elections for the above offices are significantly overdue. Arrangements for the conduct of an election for the above offices have not been made for a significant period of time. The term of office for the requested offices is 2 years. As a result the prescribed information should have been lodged and was not lodged within the prescribed periods on a number of occasions. By failing to lodge prescribed information in relation to an election an organisation or a branch contravenes a civil penalty provision.

[4] The Branch was informed that the prescribed information was not lodged before the day prescribed by Regulation 138(3) of the Fair Work (Registered Organisations)

Regulations 2009. That day is the day occurring 2 months before the first day when a person

may, under the rules of the organisation or branch, become a candidate in the election. The Branch advised that the reason for elections not being conducted at the scheduled time by the Australian Electoral Commission is that elections for the offices in question have been run by the Branch rather than by the Australian Electoral Commission as required by subsection 182(1) of the Fair Work (Registered Organisations) Act 2009. The Branch was unaware it was doing anything wrong by conducting the elections for the offices itself and has assured me such occurrence will not happen again. While I accept that the Branch was not aware that elections for the offices of Federal Vice-President and Branch Representative on Federal Executive are required to be conducted by the Australian Electoral Commission, the Branch nonetheless was obligated under section 189(1) of the Fair Work (Registered Organisations)

Act 2009 to lodge the prescribed information in relation to elections for its offices to be
[2014] FWCD 7962

conducted by the Australian Electoral Commission. The fact that elections have not been held for a significant period of time does not obviate the need for an election. I do not want to frustrate the democratic function of the Organisation and therefore I allow lodgement on 31 October 2014 in the present circumstance.

[5] I am satisfied under these circumstances 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.

[6] Although arrangements are being made for the conduct of an election for the above offices this does not excuse the non-lodgement of the prescribed information for those offices within the prescribed periods nor does it exclude the possibility of action being undertaken under section 305 of the Fair Work (Registered Organisations) Act 2009.

DELEGATE OF THE GENERAL MANAGER

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