Master Grocers Australia Limited
[2016] FWCD 4711
•26 July 2016
[2016] FWCD 4711
DECISION
| Fair Work (Registered Organisations) Act 2009 | |
| s.189—Arrangement for conduct of an election | |
| Master Grocers Australia Limited | |
| (E2016/162) | |
| MR ENRIGHT | MELBOURNE, 26 JULY 2016 |
| Arrangement for conduct of election. |
[1] On 21 June 2016 Master Grocers Australia Limited (the organisation) lodged with the
Fair Work Commission the prescribed information in relation to an election for the following
offices:
Directors (3)
President
Vice-President
[2] Following the previous election held by the organisation [E2015/221], the Post-
election report of the Australian Electoral Commission noted that the definition of ‘Act’
contained at rule 2.1(a) of the organisation’s rules is no longer current. As required by section
198 of the Fair Work (Registered Organisations) Act 2009, the organisation provided a
response on 6 January 2016 which advised that the organisation had commenced procedures
to update the rules. I note that the organisation has taken steps to alter its rules, but alterations
have not yet been transacted in accordance with the organisation’s rules. Where an
organisation undertakes to alter its rules in response to an adverse report by the Australian
Electoral Commission, it is the expectation of the Fair Work Commission that it will do so in
a timely manner.
[2016] FWCD 4711
[3] 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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