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

[2016] FWCD 2152

[2016] FWCD 2152

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
CPSU, the Community and Public Sector Union
(E2016/70)
MR ENRIGHT	MELBOURNE, 8 APRIL 2016
Arrangement for conduct of election.

[1]        On 26 February 2016 the CPSU, the Community and Public Sector Union SPSF

Group, Western Australian Branch lodged with the Fair Work Commission the prescribed

information in relation to an election for offices. Amended prescribed information was

lodged on 15 March 2016 for the following offices:

Branch President

Branch Vice President (2)

Branch Secretary

Branch Assistant Secretary

Branch Treasurer

Branch Councillor from the following electorates:

Attorney General	(2)
Child Protection	(3)
Commerce	(1)
Corrective Services	(3)
Culture, Arts and Parks	(1)
Development and Recreation	(1)
DSC	(2)
Education and Regional Offices	(1)
Schools and Regions	(4)
Environment	(2)
Fisheries & Water	(1)
Dental Health and Health Services	(2)
Housing	(2)
Industry and Resources	(1)
Institutes of Technology	(2)
Land Management	(1)
Main Roads and Development	(1)
Police Services	(2)

[2016] FWCD 2152

Policy & Administration	(1)
Primary Industry	(1)
Social Services	(1)
Transport and Planning	(2)
Treasury and Finance	(1)
Universities	(1)
Water Industry	(1)

Proxy Branch Councillor from the following electorates:

Attorney General	(2)
Child Protection	(3)
Commerce	(1)
Corrective Services	(3)
Culture, Arts and Parks	(1)
Development and Recreation	(1)
DSC	(2)
Education and Regional Offices	(1)
Schools and Regions	(4)
Environment	(2)
Fisheries & Water	(1)
Dental Health and Health Services	(2)
Housing	(2)
Industry and Resources	(1)
Institutes of Technology	(2)
Land Management	(1)
Main Roads and Development	(1)
Police Services	(2)
Policy & Administration	(1)
Primary Industry	(1)
Social Services	(1)
Transport and Planning	(2)
Treasury and Finance	(1)
Universities	(1)
Water Industry	(1)

Executive Councillor (6)

Federal Council Delegate (5)

Federal Vice President

Branch Representative to Federal Executive

[2016] FWCD 2152

[2]        I am satisfied an election is required to be held, however in making this decision I note

an ambiguity in the rules in how the branch electorates are determined in accordance with rule

10. Specifically it is unclear whether the rules require that a Health Electorate (rule 10.3) and

Higher Education Electorate (rule 10.4) shall exist, independently of rule 10.2, which

specifies that an electorate must have a minimum of 250 financial members. It is my

recommendation that the Branch alters the rules to provide certainty about whether the

provisions of rules 10.3 and 10.4 stand notwithstanding rule 10.2.

[3]        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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