National Electrical Contractors Association, the

[2016] FWCD 2021

[2016] FWCD 2021

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
The National Electrical Contractors Association
(E2016/89)
MR ENRIGHT	MELBOURNE, 27 APRIL 2016
Arrangement for conduct of election.

[1]        On 26 February 2016 the National Electrical Contractors Association (the Association)

lodged with the Fair Work Commission the prescribed information in relation to an election

for the following offices:

National Councillor (14) comprising two (2) Councillors from each of the following

Chapters:

Victoria Chapter

South Australia Chapter

Australian Capital Territory Chapter

New South Wales Chapter

Tasmania Chapter

Queensland Chapter

Western Australia Chapter

National Executive Member (7) comprising (1) from each of the above Chapters

National President

National Vice President

National Treasurer

Victoria Chapter

Member of the Chapter Council (5)

President

Vice President

Treasurer

South Australia Chapter

Member of the Management Committee (3)

President

Vice President

Treasurer

Australian Capital Territory Chapter

Chapter Secretary

Councillor (6)

Executive Member (1)

President

Vice President

Treasurer

New South Wales Chapter

Chapter Secretary

Member of the Executive Committee (4)

President

Vice President

Treasurer

Tasmania Chapter

Councillor (7) comprising:

Councillor from the North Western Group (1)

Councillor from the Southern Group (1)

Councillor from the Northern Group (1)

Councillor representing the membership of the Chapter as a whole (4)

President

Vice President

Treasurer

Queensland Chapter

Councillor (10)

Executive Members (4)

President

Vice President

Treasurer

Western Australia Chapter

Councillor (3)

President

Vice President

Treasurer

[2]         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.

[3]        I note that the prescribed information does not request an election to be held for

offices in relation to the Northern Territory Chapter (the Chapter) and that the covering letter

provided a brief submission that the Chapter is ‘non-existent’, advising that there is no

Committee nor any separate rules for the Chapter. I do not agree with the submission that

there are no separate rules for the Chapter because subrule 20(a) of the Association’s rules

provides for a Northern Territory Chapter comprising members who primarily carry on

business in the Northern Territory. On 8 February 1995 the Deputy Industrial Registrar of the

Australian Industrial Registry certified, under subsection 2015(1) of the Industrial Relations

Act 1988 (Cth), a set of rules for the Northern Territory Chapter. The rules continue to

provide for the Chapter and offices in the Chapter. However as no prescribed information has

been lodged for the Chapter, I am unable to make arrangements for an election for the offices

in the Northern Territory Chapter at this time.

[4]        If the Northern Territory Chapter is in effect ‘non-existent’, it is my opinion that rule

alterations are required to abolish the Chapter. I note at this time that the organisation is in

open dialogue with staff of the Commission concerning possible resolutions and has

committed to discussing the future of the Chapter at its next National Executive meeting.

DELEGATE OF THE GENERAL MANAGER

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