VANA Limited

[2015] FWCD 5923

[2015] FWCD 5923

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
VANA Limited
(E2015/212)
MR ENRIGHT	MELBOURNE, 28 AUGUST 2015
Arrangement for conduct of election.

[1]        On 29 July 2015, VANA Limited lodged with the Fair Work Commission (the

Commission) the prescribed information. Further information was received on 26 August

2015 in relation to an election for the following offices:

Director (2)

Non-Member Director

Chairperson

Treasurer

Vice Chairperson

Executive Director

[2]        The prescribed information was not lodged before the prescribed day in accordance

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

[3]        Rule 15.1 of the VANA rules requires that notice of nominations for directors of the

organisation shall be sent at least three months before the date of the Annual General Meeting

(AGM). The prescribed information identifies that the AGM of the organisation will occur on

24 November 2015. As such nominations should have opened three months prior to 24

November 2015, and the prescribed information should have been lodged two months prior to

that date.

[4]        On 28 August 2015, staff of the Fair Work Commission contacted the organisation to

seek further information concerning the lateness of the prescribed information.

[5]        On the same date, the organisation lodged a request for an extension of time for

lodgement of the prescribed information. The organisation stated that the reasons for the late

lodgement included management changes within the organisation.

[6]        I have considered the organisation’s request for an extension of time and the

explanation for the delay in lodging the prescribed information as provided by the

organisation.
[2015] FWCD 5923

[7]        I have also taken into consideration the circumstances surrounding three previous

scheduled elections of the organisation including the following:

 The relevant prescribed information was lodged late in E2012/373 ([2012] FWCD

9079) potentially exposing the organisation to a civil penalty provision by

contravening section 189(2) of the RO Act;

 The relevant prescribed information was lodged late in E2013/243 ([2013] FWCD

6029) potentially exposing the organisation to a civil penalty provision by

contravening section 189(2) of the RO Act;

 The relevant prescribed information was lodged late in E2014/220 ([2014] FWCD

6970) potentially exposing the organisation to a civil penalty provision by

contravening section 189(2) of the RO Act;

[8]        I have taken into consideration that in previous elections in E2013/243 and E2014/220

I allowed extensions.

[9]        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 in the Act, 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 organisation should ensure that it complies with the requirements

of the legislation, regulations and its rules.

[10] 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. I should remind the above organisation that the failure of an organisation to lodge

prescribed information before the prescribed day contravenes section 189(2) of the Act and is

a civil penalty provision which may be the subject of application by the Commission for

orders in the Federal Court.

[11]      I note that in the request for an extension of time, the organisation undertakes that it

will not lodge late into the future. I expect therefore that the organisation will lodge the

prescribed information for its 2016 elections within the prescribed timeframe as required by

section 189 of the Act.

[12]      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 Act, I am making

arrangements for the conduct of the election by the Australian Electoral Commission.

DELEGATE OF THE GENERAL MANAGER

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