Musicians' Union of Australia

[2016] FWCD 4507

[2016] FWCD 4507

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
Musicians Union of Australia
(E2016/184)
MR ENRIGHT	MELBOURNE, 11 JULY 2016
Arrangement for conduct of election.

[1]        On 5 July 2016 the Musicians Union of Australia (‘the organisation’) lodged with the

Fair Work Commission the prescribed information in relation to an election for the following

offices:

Federal Officers

Federal President

Federal Vice-Presidents	(2)
Federal Secretary
Federal Treasurer
Federal Trustees	(3)

Branch Offices

Adelaide Branch

President

Vice-Presidents	(2)
Committee Members	(8)
Trustees	(3)
Brisbane Branch
President
Vice-Presidents	(2)

[2]

Secretary-Treasurer

Committee Members	(8)
Trustees	(3)
Launceston Branch
President
Vice-Presidents	(2)

[2]

Secretary-Treasurer

[2015] FWCD 4507

Committee Members	(8)
Trustees	(3)
Melbourne Branch
President
Vice-Presidents	(2)

[2]

Secretary-Treasurer

Committee Members	(8)
Trustees	(3)
Sydney Branch
President
Vice-Presidents	(2)

[2]

Secretary-Treasurer

Committee Members	(8)
Trustees	(3)

[2]        On 8 July 2016, the organisation notified the Fair Work Commission that the Federal

Executive had resolved to combine, consistent with rule 71(b), the offices of Secretary and

Treasurer in each Branch.

[3]        In his notification on behalf of the organisation, the Federal Secretary referred to the

lateness of the lodgement of prescribed information, outlined various circumstances, and

asked that a later day for lodgement be formally allowed.

[4]        Sub-rule 73B(a) has, since its certification on 29 June 2015, provided that nominations

for Branch offices shall open on 1 May in an election year, which means that the prescribed

day for lodgement would have been 1 March 2016. Indeed, the Regulatory Compliance

Branch had signalled to the organisation as early as 21 December 2015 that it should lodge

relevant prescribed information, that is, in relation to offices in the Brisbane, Sydney and

Melbourne Branches, and to the Federal Officers, by that date. This reflected the fact that the

offices for the Brisbane and Sydney Branches had remained unfilled since the last elections in

2012, the offices for the Melbourne Branch (with the exception of the Secretary) and the

Federal Officers were already overdue for election at the beginning of 2016, and an election

for the office of Federal Secretary was due in 2015 in accordance with sub-rule 31C(aa).

Taking into account all the circumstances I find no reason why the relevant prescribed

information should not have been lodged by the prescribed day and I decline to formally

allow a later day.

[5]        The offices of the Adelaide and Launceston Branches, and the office of Melbourne

Branch Secretary, on the other hand, were not due for election until the last quarter of 2016,

as the nominal terms of office expired in the ordinary course. Keeping in mind the

transitional nature of the elections whereby the nominal terms might be slightly longer or

shorter than previous terms in order to expire uniformly in 2018, the Regulatory Compliance

Branch, had, for the purposes of avoiding undue delay or excessively truncating the current

terms, proposed to the organisation that prescribed information for these offices should be

lodged by 1 July 2016. As it happened, the prescribed information was lodged four days later

on 5 July. Taking into account the intention behind, and the context for, what was a proposed
[2016] FWCD 4507

and, it must be said, arbitrary date for lodgement, and considering that the actual date of

lodgement cannot be definitively determined as not being at least 2 months before the opening

of nominations, I incline to the view that in this case the prescribed information can be

considered to have been lodged not later than might otherwise have been expected in the

ordinary course and consequently no allowance of a later day for lodgement is necessary.

[6]        I am satisfied that an election for the above-named 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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