Flight Attendants' Association of Australia - International Division

[2016] FWCD 580

[2016] FWCD 580

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
Flight Attendants' Association of Australia
(E2016/51)
MR ENRIGHT	MELBOURNE, 3 FEBRUARY 2016
Arrangement for conduct of election.

[1]        On 6 January 2016 the International Division of the Flight Attendants' Association of

Australia lodged with the Fair Work Commission the prescribed information in relation to an

election for the following offices:

Divisional Secretary

Divisional Assistant Secretary

Divisional President

Divisional Vice-President (2)

Divisional Councillor (8)

[2]        The Division did not lodge the prescribed information before the prescribed day as

required by regulation 138(3) of the Fair Work (Registered Organisations) Regulations 2009.

The prescribed information should have been lodged by 15 December 2015 but it was lodged

on 6 January 2016. In correspondence dated 21 January 2016, the Divisional Secretary stated

the following:

	I am seeking an extension of time for the lodgement of the Prescribed Information
(PI).
	Our office was in a very hectic state with the moving in to our premises of the
National Division and its staff in December and also the closure of our office from
midday 24 December 2016 until 4 January 2016.

[3]        While I acknowledge that the Divisional Secretary apologised for what he described as

an ‘unintentional oversight’ I am not satisfied that moving premises is a sufficient ground to

justify the Division’s failure to comply with a statutory obligation. The requirement to have

lodged the prescribed information by 15 December 2015 renders nugatory, in my view, the

Christmas office closure aspect of the request. 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 the Division to lodge the prescribed information before the prescribed day
[2016] FWCD 580

therefore renders the organisation liable for a civil penalty provision pursuant to section

189(2) of the Fair Work (Registered Organisations) Act 2009.

[4]        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.

[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 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

[2016] FWCD 580

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