Master Plumbers & Mechanical Contractors Association of New South Wales, the

[2014] FWCD 8724

[2014] FWCD 8724

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
The Master Plumbers & Mechanical Contractors Association of
New South Wales
(E2014/256)
MR ENRIGHT	MELBOURNE, 7 DECEMBER 2014
Arrangement for conduct of election.

[1] On 27 November 2014, The Master Plumbers & Mechanical Contractors Association of New South Wales (the Association) 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)
Treasurer (1)
Guardian (1)
Executive Committee Member (7)

[2] On 1 December 2014, the Commission wrote to the Association to inform it that under section 189(2) of the Fair Work (Registered Organisations) Act 2009 (the RO Act) prescribed information must be lodged before the prescribed day and that as the prescribed information did not appear to be lodged before the prescribed day, a request for an extension of time would be required.

[3] On 2 December 2014, the Association replied to the Commission’s correspondence. The Association stated that in previous years the dates provided for the opening and closing of nominations were an indication only, as on occasions, the Returning Officer from the Australian Electoral Commission (AEC) had varied the dates for opening and closing of nominations.

[4] The Association also noted that Rule 38.1 of its rules require the Association to request an election “as soon as practicable after the second last ordinary meeting of the Executive Meeting each year”. This meeting was held on 25 November 2014. The prescribed information was lodged with the Commission on 27 November 2014.

[5] On 5 December 2014, the Association wrote to the Commission requesting an

extension of time to lodge the prescribed information.
[2014] FWCD 8724

[6] In the circumstances, pursuant to s.189(2) of the Act, I allow an extension of time for lodgement of the prescribed information until 27 November 2014.

[7] 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 RO Act, I am making
arrangements for the conduct of the election by the AEC.

DELEGATE OF THE GENERAL MANAGER

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