Fair Work Commission

[2016] FWCD 600

[2016] FWCD 600

DECISION

Fair Work (Registered Organisations) Act 2009
Section 186(2) - Revocation of AEC exemption
Printing Industries Association of Australia
(R2015/93)
MR ENRIGHT	MELBOURNE, 8 MARCH 2016
Revocation of AEC Exemption

[1]        This decision concerns an application made pursuant to s 186(2) of the Fair Work

(Registered Organisations) Act 2009 (RO Act) by the Printing Industries Association of

Australia (PIAA).

[2]        Section 183(1) of the RO Act requires that all elections for office holders of federally

registered organisations and branches of federally registered organisations must be conducted

by the Australian Electoral Commission (AEC) unless an organisation or branch is exempted

under the RO Act from that requirement. Since 1988 more than 150 AEC exemptions have

been granted to federally registered organisations and, in normal circumstances, an exemption

continues until revoked under the legislation.

[3]        Most of the election exemptions granted under the RO Act and its predecessor

legislation were issued in the late 1980’s and early 1990’s and in 2015, I commenced a review

of all of the exemptions remaining in force to establish if the grounds upon which the

exemption was originally granted are still relevant.

[4]        As part of my general review, I wrote to the PIAA about its election exemption.

[5]        This application by the PIAA seeks to have revoked an exemption which enables it to

conduct its own elections internally without the participation of the AEC. The PIAA is a

registered organisation within the meaning of the RO Act.

[6]        The exemption was originally granted to the national office of the Printing and Allied

Trade Employer’s Federation of Australia (PATEFA) and its six branches on 29 May 1991

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(the AEC exemption). On 1 January 1996 the PATEFA changed its name to the PIAA.

[7]        In 2010, the Fair Work Commission (the Commission) certified rule changes that

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resulted in the restructure of the organisation to create one national body.	Consequently, the
[2016] FWCD 600

exemptions that were originally granted to the PIAA’s six branches no longer have any

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application and only one exemption remains in force.

The legislation and regulations

[8]        The relevant legislative provisions are set out in sections 182 to 187 of the RO Act and

regulation 137 of the Fair Work (Registered Organisations) Regulations 2009

(RO Regulations).

[9]        As I have indicated above, all elections for office holders of federally registered

organisations and branches must be conducted by the AEC (s 182(1)) unless an exemption is

in force pursuant to section 186 of the RO Act (s 182(2)).

[10]      An organisation or branch may apply under s 183(1) to the Commission to be

exempted from the requirements of s 182(1). Section 186(1) of the RO Act provides that:

(1)	Where an application in relation to an organisation or branch has been lodged under subsection
183(1) and, after any objections duly made have been heard, the General Manager is satisfied:
(a) That the rules of the organisation or branch comply with the requirements of this Act in

the conduct of elections for office; and

(b) That, if the organisation or branch is exempted from subsection 182(1), the elections for

the organisation or branch, or the election for the particular office, as the case may be, will

be conducted:

(i) Under the rules of the organisation or branch, as the case may be, and this Act;

and

(ii)  In a manner that will afford members entitled to vote at such elections or election an

adequate opportunity of voting without intimidation;

the General Manager may exempt the organisation or branch from subsection 182(1) in

relation to elections for the organisation or branch, or the election for the particular office, as

the case may be.

[11]      Pursuant to s 186(2)(b), the General Manager of the Commission is empowered to

revoke an election exemption as follows:

(2)	The General Manager may revoke an exemption granted to an organisation or
branch under subsection (1):
(a) on application by the committee of management of the organisation or

branch; or

(b) if the General Manager:

(i) is no longer satisfied as mentioned in subsection (1); and

(ii) has given the committee of management of the organisation or branch an

opportunity, as prescribed, to show cause why the exemption should not be

revoked.

[2016] FWCD 600

[12]      Relevantly, regulation 137(1) of the RO Regulations provides that:

(1)

An application by the committee of management of an organisation or branch under subsection

186(2) of the Act for revocation of an exemption must:

(a)	be in writing; and
(b)	contain a written statement signed by a member of the committee of management

stating that the committee of management has resolved to make the application and;

(c) be lodged with FWC.

[13]      In accordance with s 343A of the RO Act, the General Manager has delegated powers

under s 186 to me as the Director of the Regulatory Compliance Branch, including the power

to revoke exemptions under s 186(2).

The application

[14]      On 7 September 2015, I wrote to the PIAA seeking information about its elections, as

part of my general review of election exemptions granted to registered organisations.

[15]      On 24 September 2015 the PIAA advised that its Board had determined that:

… for various reasons, it would seem an agreeable and or convenient time to give

up, or have revoked, the PIAA’s 1991 exemption and return to having the AEC

conduct our Board/Office Bearer elections.

[16]      On 22 October 2015 the PIAA wrote to me formally requesting that its AEC

exemption be revoked (the application). In accordance with rule 44A(3) of the PIAA rules,

the application was made under the signature of the organisation’s Honorary Secretary. The

application included a resolution of the PIAA Board dated 21 September 2015 that:

RESOLUTION 1

THAT the Board agrees to give up/have revoked the current method and processes for

Board/Office bearer elections so as to return to the legislative requirement under the

Fair Work (Registered Organisations) Act whereby the AEC conducts such related

elections.

[17]      On 22 January 2016 and as an addendum to the application, a statement of a PIAA

Board Member was submitted to me confirming that the PIAA Board had properly resolved to

make the application.
[2016] FWCD 600
Conclusion

[18]      On the information contained in the application, I am satisfied the application has been

made under the rules of the organisation and in compliance with s 186(2) of the RO Act and

regulation 137(1) of the RO Regulations.

[19]      Accordingly, I grant the PIAA’s application and revoke the AEC exemption issued in

R1990/60 effective as at the date of this decision.

DELEGATE OF THE GENERAL MANAGER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR576546>

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R1990/60; R1990/306; R1990/307; R1990/308; R1990/309; R1990/310; and R1990/311

2

R2010/46

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R1990/60