Master Builders Association of the Australian Capital Territory

[2016] FWCD 3107

[2016] FWCD 3107

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
Master Builders Association of the Australian Capital Territory
(E2016/112)
MR ENRIGHT	MELBOURNE, 23 MAY 2016
Arrangement for conduct of election.

[1]        On 23 March 2016 and 18 May 2016 the Master Builders Association of the

Australian Capital Territory (the organisation) lodged with the Fair Work Commission (the

Commission) the prescribed information in relation to an election for the following offices:

Commercial Builders Council

Chairman

Members of Ordinary Council	(5-20)
Alternate Chairman

Suppliers and Subcontractors Council

Chairman

Members of Ordinary Council	(5-20)
Alternate Chairman

Residential Builders Council

Chairman

Members of Ordinary Council	(5-20)
Alternate Chairman

[2016] FWCD 3107

Civil Contractors Council

Chairman

Members of Ordinary Council	(5-20)
Alternate Chairman

Professional Council

Chairman

Members of Ordinary Council	(5-20)
Alternate Chairman

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[2] I note that following the previous election E2014/97 relating to these positions, an

adverse report was given by the Australian Electoral Commission (the AEC) to the

organisation.

[3]        The report was given by the AEC to the organisation on 19 December 2014. It stated:

“Rules difficult to apply/interpret: Rules 11(b) & 15 Election provisions for Alternate

Chairmen offices.”

[4]        The application of rule 15 relating to the collegiate elections for the Alternate

Chairmen of each Council is not, in my view, clear. I encourage the organisation to review its

rules to ensure the provisions of section 143 of the Fair Work (Registered Organisations) Act

2009 (the RO Act) are met in connection with the Alternate Chairmen elections.

[5]        Following consultation with the organisation and the AEC, it does not appear that a

written response to the report was given to the AEC addressing the report or what action is to

be taken by the organisation as required by subsections 198(1) and (2) of the RO Act. I note

that subsection 198(1) of the RO Act is a civil penalty provision and consequently, this leaves

the organisation potentially open to Federal Court proceedings.

[6]        A review of Commission records also demonstrates that the organisation has not

amended its rules in response to the adverse AEC report and on that basis, it is likely that the

AEC will encounter the same interpretation difficulty as previously reported. I have received

advice that the organisation is in dialogue with Commission staff regarding aspects of the

AEC report and appear to be actively seeking to rectify these issues.

[2016] FWCD 3107

[7]        Notwithstanding the potential failure by the organisation to address the adverse AEC

report, in my view the objectives of the RO Act are better served by arranging the election

and then in turn, dealing with the AEC adverse report. 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 RO Act, I am making arrangements for the conduct of the election by

the AEC.

DELEGATE OF THE GENERAL MANAGER

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[2014] FWCD 2597