Master Grocers Australia Limited

Case

[2016] FWCD 4711

26 July 2016

No judgment structure available for this case.

[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contained at rule 2.1(a) of the organisation’s rules is no longer current.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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