Police Federation of Australia - Queensland Police Branch

[2015] FWCD 2675

[2015] FWCD 2675

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
Police Federation of Australia
(E2015/138)
MR ENRIGHT	MELBOURNE, 20 APRIL 2015
Arrangement for conduct of election.

[1]        On 10 April 2015 the Queensland Police 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 office:

Branch President

[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). I have been

advised that the prescribed information was not submitted before the prescribed day because

the Branch, which was formed in 2014, is transitioning to a Federal entity.

[3]        The rules of the Branch were certified on 16 April 2014. Rule 12 of part CF1 of those

rules stipulated that an inaugural election for the relevant office must commence following

certification. The result of the inaugural election was declared on 24 September 2014. Rule 40

of part CF2 provides for a new four year term for Branch President, commencing on 1 March

2015.

[4]        Although the Branch rules leave to be determined the date for the opening of

nominations, it is apparent that an election should have been conducted prior to the

commencement of the new term of office on 1 March 2015. The fact that the prescribed

information was not lodged until after the term of office was due to commence indicates that

it was not lodged within the required timeframe.

[5]        I have considered the explanation for the delay in lodging the prescribed information

provided by the Branch. 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.
[2015] FWCD 2675

[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 office 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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