Master Grocers Australia Limited

[2015] FWCD 5901

[2015] FWCD 5901

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
Master Grocers Australia Limited
(E2015/221)
MR ENRIGHT	MELBOURNE, 28 AUGUST 2015
Arrangement for conduct of election.

[1]        On 12 August 2015 the Master Grocers Australia Limited (the organisation) lodged

with the Fair Work Commission (the Commission) the prescribed information in relation to

an election for the following offices:

Directors (3)

President

Vice-President

[2]        The organisation did not lodge the prescribed information before the prescribed day in

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

RO Act).

[3]        On 25 August 2015, the Fair Work Commission contacted the organisation informing

them that, as the prescribed information had not been lodged before the prescribed day, a

request for an extension of time would be required.

[4]        On the same date, Mr Rodney Allen, President of the organisation, lodged a request

for an extension of time for lodgement of the prescribed information. Mr Allen stated that the

reasons for the late lodgement included redundancies in the organisation over the past twelve

months in addition to Board and CEO absences due to heavy business commitments interstate

and overseas. It was submitted that these combined factors resulted in the organisation’s error

in believing that only 72 days’ notice was required. In fact, the required notice was 72 days

plus an additional two months as required under regulation 138(3) of the Fair Work

(Registered Organisations) Regulations 2009.

[5]        I have considered the organisation’s request for an extension of time and the

explanation for the delay in lodging the prescribed information as provided by Mr Allen.

[6]        I have also taken into consideration the circumstances surrounding three previous

elections of the organisation including the following:

[2015] FWCD 5901

The relevant prescribed information was lodged late in E2012/384 (PR530128)

potentially exposing the organisation to a civil penalty provision by contravening

section 189(2) of the RO Act;

The relevant prescribed information was lodged late in E2013/275 (PR543153)

potentially exposing the organisation to a civil penalty provision by contravening

section 189(2) of the RO Act; and

The relevant prescribed information was lodged late in E2014/196 (PR555033)

potentially exposing the organisation to a civil penalty provision by contravening

section 189(2) of the RO Act.

The late lodgement of prescribed information in E2015/221 is the fourth consecutive

lodgement of prescribed information which has failed to meet the prescribed statutory

time lines.

[7]        I have taken particular note that in relation to E2014/196, while an extension was

granted, the Commission provided detailed advice to the organisation regarding the timetable

for its scheduled elections. It is disappointing to observe that the efforts by the Commission

to assist the organisation to comply with the statutory framework appear to have been of

negligible utility.

[8]        Having regard to the normal and reasonable expectation that registered organisations

take steps to ensure that they comply with the timeframe requirements set out in the Act, I

decline on this occasion to allow, in the formal sense intended by section 189(2) of the Act, a

later day for lodgement.

[9] The refusal of an extension of time under section 189(2) of the RO Act does not,

however affect a determination of an election notification matter for the purposes of section

189(3) of the RO Act. However, the continued failure by the organisation to comply with the

statutory requirements relevant to all registered organisations has reached the point where the

discretion to continue to provide extensions, unless exceptional circumstances apply, has in

my view, been exhausted.

[10]      I note that in his request for an extension of time, Mr Allen states that the organisation

has put in place procedures to avoid duplicating the error in future. I expect therefore that the

organisation will lodge the prescribed information for its 2016 elections within the prescribed

timeframe as required by section 189 of the RO Act.

[2015] FWCD 5901

[11]      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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