Master Painters Australia - N.S.W. Association Inc.

[2016] FWCD 512

[2016] FWCD 512

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
Master Painters Australia - N.S.W. Association Inc.
(E2015/313)
MR ENRIGHT	MELBOURNE, 1 FEBRUARY 2016
Arrangement for conduct of election.

[1]        On 8 January 2016 the Master Painters Australia - N.S.W. Association Inc. (the

organisation) lodged with the Fair Work Commission (the Commission) prescribed

information in relation to an election for the following offices:

Council Members	(14)
President	(1)
Vice President	(1)
Secretary	(1)
Treasurer	(1)
Education / Training Officer	(1)
Industrial Officer	(1)

[2]        On 8 January 2016 the organisation also lodged a written request for an extension of

time for lodgement of the prescribed information. The reason provided by the organisation for

the delay was ‘due to recent changes to the Association’s rules that resulted in the new

lodgement date being overlooked’.

[3] Section 189(2) of the Fair Work (Registered Organisations) Act 2009 (the Act)

requires prescribed information to be lodged before the prescribed day. Sub-rule 15(1) of the

rules of the organisation provides that nominations for elections will open on the first Monday

of March in the year elections are due to be held, which in 2016 will be 7 March 2016.

Accordingly, the prescribed information was required to be lodged before 7 January 2016.

[4]        I note that the current election timeline provision as provided in sub-rule 15(1) of the

organisation’s rules is a new sub-rule, having been certified on 7 September 2015 in matter

R2015/171. The organisation’s previous rulebook did not clearly specify the date nominations

for elections were to open.

[5]        In considering the request for an extension of time, I note that the Commission has

previously granted the organisation an extension of time to lodge prescribed information in its

previous two scheduled elections in E2014/232 and E2013/191.
[2016] FWCD 512

[6]        In E2014/232, I granted the organisation an extension of time to lodge its prescribed

information and reminded the organisation ‘that it has the same responsibility to adhere its

rulebook, the requirements of the Act and its Regulations as every other registered

organisation’.

[7]        I have taken into consideration the fact that the request for an extension of time to

lodge the prescribed information before the prescribed day involved only two days. I have

also taken into consideration that the rule alteration in R2015/171 took effect on 7 September

2015, nearly four months before the organisation was required to lodge its prescribed

information for this election.

[8]        I have considered the explanation for the delay in lodging the prescribed information

provided by the organisation. 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.

The failure of the organisation to lodge the prescribed information before the prescribed day

therefore renders the organisation liable for a civil penalty provision pursuant to section

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

[9] 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.

[10]      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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