Police Federation of Australia-Australian Federal Police Association Branch

[2015] FWCD 2474

[2015] FWCD 2474

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
Police Federation of Australia
(E2015/116)
MR ENRIGHT	MELBOURNE, 14 APRIL 2015
Arrangement for conduct of election.

[1]        On 17 March 2015 and 9 April 2015 the Australian Federal Police Association Branch

of the Police Federation of Australia (the Branch) lodged with the Fair Work Commission the

prescribed information in relation to an election for the following offices:

Branch Vice President AFP ACT Operations Portfolio

Branch Vice President AFP Chief Operating Officer Portfolio

Branch Vice President AFP Close Operations Portfolio

Branch Vice President AFP Executive & AFPA Associate Portfolio

Branch Vice President AFP National Security Portfolio

Branch Vice President AFP Operations Portfolio

[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]        On 9 April 2015 Mr Dennis Gellatly, Chief Executive Officer of the Australian

Federal Police Association Branch of the Police Federation of Australia, provided a request

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

that the delay in lodgement arose due to the decision to hold the biennial meeting in June

rather than April/May due to scheduling conflicts.

[4]        Rule 73(c)(i) of the rules of the Branch provides that nominations for the relevant

offices are called for “sixty days prior to the meeting of Branch National Council, in an

election year”. In accordance with Branch rule 69, the Branch National Executive has

determined that the meeting will be held on 16 June 2015. Therefore, according to the rules of

the Branch, the first day when a person may become a candidate in the election is 17 April

2015. Accordingly, the prescribed information was required to be lodged before 17 February

2015. The prescribed information was lodged on 17 March 2015, one month 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
[2015] FWCD 2474

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

<Price code A, PR562949>