Police Federation of Australia-Australian Federal Police Association Branch

[2015] FWCD 2935

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
Police Federation of Australia
(E2015/140)
MR ENRIGHT	MELBOURNE, 8 MAY 2015
Arrangement for conduct of election.

[1] On 23 April 2015 the Australian Federal Police Association Branch of the Police

Federation of Australia lodged with the Fair Work Commission the prescribed information in

relation to an election for the following offices:

Branch Zone Coordinator and Branch Zone Workplace Delegate/s (number to be
determined in accordance with the rules) for each of the following zones:
ACT Policing Zone
Aviation Zone
Chief Information Officer Zone
Chief Financial Officer Zone
Counter Terrorism Zone
Crime Operations Zone
Executive Zone
Forensic & Data Centres Zone
High Tech Crime Operations Zone
Human Resources Zone
Intelligence Zone
International Deployment Group Zone
Operations Support Zone
Policy & Governance Zone
Protection Zone
Serious Organised Crime Zone
[2] The prescribed information was not lodged before the prescribed day as required by

section 189(2) of the Fair Work (Registered Organisations) Act 2009 (the Act).

[3] Mr Dennis Gellatly, Chief Executive Officer of the Australian Federal Police

Association Branch of the Police Federation of Australia, in the prescribed information

requested an extension of time for lodgement of the prescribed information. The request

provides that the delay in lodgement arose due to an administrative error.
[2015] FWCD 2935

[4] Rule 96(e)(i) of the rules of the Branch provides that nominations for the relevant

offices are called for not later than the 1st day of June. The prescribed information provides

that nominations shall open on 1 June 2015. Therefore, according to the rules of the Branch,

and the prescribed information, the first day when a person may become a candidate in the

election is 1 June 2015. Accordingly, the prescribed information was required to be lodged

before 1 April 2015. The prescribed information was lodged on 23 April 2015, over three

weeks late.

[5] With regard to the request for an extension of time for lodgement of the prescribed

information, I have considered the explanation for the delay in lodging the prescribed

information provided by Mr Gellatly. Having regard to the normal and reasonable expectation

that registered organisations take steps to ensure that they comply with the time-frame

requirements set out not only in the Act but also in instruments or references pertaining to the

governance arrangements formulated by organisations themselves, I decline on this occasion

to allow, in the formal sense intended by section 189(2) of the Act, a later day for lodgement.

The failure of the organisation to lodge the prescribed information before the prescribed day

contravenes section 189(2) of the Act which is a civil penalty provision. Failures by

organisations to comply with civil penalty provisions may be the subject of applications by

the Fair Work Commission for orders in the Federal Court.

[6] The refusal of an extension of time under section 189(2) of the Act does not, however,

affect a determination of an election notification matter for the purposes of section 189(3) of

the Act.

[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 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Police Federation of Australia-Australian Federal Police Association Branch, the Australian Federal Police Association Branch of the Police Federation of Australia sought an extension to lodge prescribed information regarding an election for various office positions within specific zones. The prescribed information was due to be lodged before 1 April 2015 but was not submitted until 23 April 2015, due to an administrative error. The Branch requested an extension of time for the lodgement of this information. The primary legal issue before the Fair Work Commission was whether an extension of time should be granted under section 189(2) of the Fair Work (Registered Organisations) Act 2009, considering the administrative error and the consequences of non-compliance with the statutory timeframe.

The Fair Work Commission assessed the request for an extension, taking into account the explanation provided by the Chief Executive Officer for the delay. The Commission considered the expectation that registered organisations should comply with the statutory timeframes and internal governance rules. The Commission concluded that while the administrative error was a valid reason for the delay, it was not sufficient to warrant an extension in the formal sense intended by the Act. However, the Commission's refusal to grant an extension did not impede the determination of the election notification matter under section 189(3) of the Act. The Commission was satisfied that an election was required and subsequently made arrangements for the conduct of the election by the Australian Electoral Commission.

The Fair Work Commission's decision demonstrates a balanced approach, recognising the administrative error while enforcing the importance of compliance with statutory deadlines. The Commission did not grant an extension for the lodgement of the prescribed information but proceeded to make arrangements for the election to proceed as required by the rules of the organisation. The Commission's decision ensured that the election could go ahead while also upholding the integrity of the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established