Master Builders' Association of New South Wales, the

[2015] FWCD 5160

[2015] FWCD 5160

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
The Master Builders' Association of New South Wales
(E2015/143)
MR ENRIGHT	MELBOURNE, 12 AUGUST 2015
Arrangement for conduct of election.

[1]        On 28 July 2015 The Master Builders' Association of New South Wales (MBANSW)

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

for the following offices:

President	(1)
Deputy President	(1)
Vice President	(4)
Two (2) Councillors from each of the following Regional and Sector
Groups (See Attachment “A”)

[2]        The prescribed information was not lodged before the prescribed day in accordance

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

[3]        On 5 August 2015, the Fair Work Commission wrote to the abovenamed organisation

informing them that under section 189(2) of the Fair Work (Registered Organisations) Act

2009 (the Act) prescribed information must be lodged before the prescribed day, and that as

on this occasion the prescribed information had not been lodged before the prescribed day, a

request for an extension of time would be required.

[4]        On 5 August 2015, Mr Paul Maginnity, the President of the MBANSW, provided a

request for an extension of time for lodgement of the prescribed information. The request

provided that the delay in lodgement arose due to a ‘miscalculation of relevant dates’. Mr

Maginnity also confirmed the date of the October Council Meeting of the MBANSW as 20

October 2015.

[5]        The prescribed information provides that nominations for the offices of President,

Deputy President and four (4) Vice Presidents are to open “at least six weeks prior” to the

October Council Meeting. Accordingly, the first day when a person may become a candidate

in the election is 8 September 2015. Given this, the prescribed information was required to be

lodged before 8 July 2015.
[2015] FWCD 5160

[6]        With regard to the request for an extension of time for lodgement of the prescribed

information, I have considered the explanation for the delay in lodging the prescribed

information provided by Mr Maginnity. I have also taken into consideration that in a previous

election decision of the MBANSW in E2013/240 (PR539837) the prescribed information was

also lodged late and in that election I allowed the MBANSW an extension of time to lodge the

prescribed information.

[7]         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.

[8] 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.

[9]        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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[2015] FWCD 5160

Attachment “A”

Regional Groups

North Coast and Tweed Regional Group

Manning Great Lakes, Mid North Coast, North North West and Oxley Regional Group

Murrumbidgee Irrigation Area, Murray, Riverina and Shoalhaven Regional Group

Central Coast and Hunter Regional Group

Sydney Regional Group

Eastern Suburbs, St George, Canterbury/Bankstown and Cronulla/Sutherland

Regional Group

Parramatta/Hume, Central Cumberland, Western Suburbs and Blue Mountains

Regional Group

Manly Warringah and Northern Suburbs Regional Group

Central Western and Orana Regional Group

Illawarra and Southern Highlands Regional Group

Sector Groups

General Contracting Sector Group

Specialist Contractors Sector Group

Housing Sector Group

Services Sector Group

Major Contractors Sector Group

Material Manufacture Sector Group