Flight Attendants' Association of Australia - National Division

[2016] FWCD 578

[2016] FWCD 578

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
Flight Attendants' Association of Australia
(E2015/305)
MR ENRIGHT	MELBOURNE, 3 FEBRUARY 2016
Arrangement for conduct of election.

[1]        On 18 December 2015 and 14 January 2016 the National Division of the Flight

Attendants’ Association of Australia (the Division) 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)

Work, Health and Safety National Divisional Councillor (1)

National Divisional Councillor (7)

[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 18 December 2015. In correspondence dated 14 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 moving location in December and it was an oversight in not submitting
the PI by 15 December 2015.

[3]        I am not satisfied that moving premises is a sufficient ground to justify the Division’s

failure to comply with a statutory obligation. 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.

[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.
[2016] FWCD 578

[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

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