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

[2014] FWCD 7605

[2014] FWCD 7605

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
Master Painters Australia - N.S.W. Association Inc.
(E2014/232)
MR ENRIGHT	MELBOURNE, 31 OCTOBER 2014
Arrangement for conduct of election.

[1] On 22 October 2014, the Master Painters Australia - N.S.W. Association Inc.

(MPANSW) lodged with the Fair Work Commission (the Commission) the prescribed
information in relation to an election for the following offices:

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

[2] On 29 October 2014, the Commission wrote to the MPANSW to inform it that under section 189(2) of the Fair Work (Registered Organisations) Act 2009 (the Act) prescribed information must be lodged before the prescribed day, and that as the prescribed information had not been lodged before the prescribed day, a request for an extension of time would be required and to provide the reason why the prescribed information was not lodged on time.

[3] On 30 October 2014, the MPANSW lodged a written request for an extension of time and submitted that the reason for the delay was due to an administrative oversight and lack of knowledge of the definition of the prescribed day set out in regulation 138(3) of the Fair Work (Registered Organisations) Regulations 2009 (the Regulations).

[4] I have considered the circumstances and the reasons provided by the MPANSW and have decided to extend the time for lodgement of the prescribed information until 22 October 2014, in accordance with section 189(2) of the Act. I have taken this step so as to prevent any further delay in the conduct of the scheduled election.

[5] 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 Act, I am making
arrangements for the conduct of the election by the Australian Electoral Commission.
[2014] FWCD 7605

[6] However, I remind the MPANSW 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 note that the Commission allowed the MPANSW to lodge its prescribed information late last year in election E2013/191 ([2013] FWCD 3323; 31 May 2013.

[8] On that occasion, the reason provided by the MPANSW for the late lodgement was almost identical to this application which also referred to an administrative oversight. I recommend that the MPANSW utilise the resources available on the Commission’s website which includes information to registered organisations about their responsibilities, particularly in relation to elections. This can be accessed at

[9] The MPANSW is urged to carefully consider its compliance obligations with respect to its scheduled elections. Although arrangements are being made for the conduct of an election for the above offices, this does not exclude action being taken under section 305 of the Act.

DELEGATE OF THE GENERAL MANAGER

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