Motor Inn, Motel and Accommodation Association, the

[2014] FWCD 2253

[2014] FWCD 2253

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
The Motor Inn, Motel and Accommodation Association
(E2014/83)
MR ENRIGHT	MELBOURNE, 4 APRIL 2014
Arrangement for conduct of election.

[1] On 7 March 2014 The Motor Inn, Motel and Accommodation Association (MIMAA)

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

President	(1)
Vice-President	(1)
Treasurer	(1)
Executive Director	(1)
Representative to National Council – Australian Capital Territory	(2)
Representative to National Council – New South Wales	(2)
Representative to National Council – Northern Territory	(2)
Representative to National Council – Queensland	(3)
Representative to National Council – South Australia	(2)
Representative to National Council – Tasmania	(2)
Representative to National Council – Victoria	(2)
Representative to National Council – Western Australia	(2)

[2] The prescribed information was lodged in accordance with the directions given by Deputy President Lawrence on 17 December 2013 in relation to the matter of D2013/107 being an application on the Fair Work Commission’s own motion under s.30(1)(c) of the Fair

Work (Registered Organisations) Act 2009 to cancel the registration of an organisation.

[3] Subsection 182(1) of the Fair Work (Registered Organisations) Act 2009 (the RO Act) requires the Australian Electoral Commission to conduct an election for each office in an organisation or branch of an organisation unless an exemption from this requirement has been granted under subsection 182(2). MIMAA holds such an exemption. Despite holding this exemption, MIMAA has requested that the Australian Electoral Commission conduct the election for the offices listed above.

[4] It is apparent that the elections for the above offices are well overdue. The last confirmed election conducted by MIMAA was in 2007. Rules 22(b) and 25(a) of the rules of the organisation provide that the terms of offices are three years. No elections were conducted by MIMAA in 2010 or any subsequent year.

[5] I have determined that it is not inappropriate to arrange for the conduct of an election by the Australian Electoral Commission in the present circumstances.

[6] 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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