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austlii:cth/FWCD/2014/2978
procedural. Allowed: (1) lodgement of prescribed information on 1 May 2014 permitted under s 189(2); (2) arrangements for conduct of election by Australian Electoral Commission made under s 189(3)
The Fair Work Commission allowed the Police Federation of Australia - New South Wales Police Branch to lodge election information late and arranged for the Australian Electoral Commission to conduct an election for 5 Delegates to Federal Council. The Branch had missed the deadline for lodging prescribed information (which must be lodged 2 months before nominations open), but the Commission exercised its discretion to accept the late lodgement after considering the reasons. The Commission was satisfied that the election was required under the organisation's rules and made the necessary arrangements.
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2 cited instruments linked from this judgment.
s.189 - Arrangement for conduct of an election
[1] On 1 May 2014 the Police Federation of Australia - New South Wales Police Branch lodged with the Fair Work Commission the prescribed information in relation to an election for the following offices:
[2] The prescribed information was not lodged before the day prescribed by Regulation 138(3) of the Fair Work (Registered Organisations) Regulations 2009. That day is the day occurring 2 months before the first day when a person may, under the rules of the organisation or branch, become a candidate in the election. The Branch has requested that I allow a later day for the lodgement of the prescribed information under subsection 189(2) of the Fair Work (Registered Organisations) Act 2009 (the Act). Having considered the reason for late lodgement, I allow lodgement on 1 May 2014 in this instance.
[3] 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.
Printed by authority of the Commonwealth Government Printer
Allowed: (1) lodgement of prescribed information on 1 May 2014 permitted under s 189(2); (2) arrangements for conduct of election by Australian Electoral Commission made under s 189(3)