Police Federation of Australia-Australian Federal Police Association Branch

[2016] FWCD 835

DECISION

Fair Work (Registered Organisations) Act 2009
s.189—Arrangement for conduct of an election
Police Federation of Australia
(E2016/60)
MR ENRIGHT	MELBOURNE, 19 FEBRUARY 2016
Arrangement for conduct of election.

[1] On 22 January 2016 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 a casual vacancy election, for the remainder of the term, for the

following offices:

Branch Vice President AFP ACT Operations Portfolio (1)
Branch Vice President AFP Close Operations Portfolio (1)
[2] Further information was provided by the Branch on 10 February 2016.
[3] I am satisfied that an election for the Branch Vice President AFP Close Operations

Portfolio 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.
[2016] FWCD 835

[4] The circumstances surrounding the vacancy said to arise in the office of Branch Vice

President AFP ACT Operations Portfolio are potentially more complex. Officers from the

Fair Work Commission are currently engaging with officers of the Branch on my behalf in

relation to the matter and I will determine whether or not to make arrangements for the

conduct of an election in due course.

DELEGATE OF THE GENERAL MANAGER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission received a request from the Australian Federal Police Association Branch of the Police Federation of Australia to conduct an election for two casual vacancies within the organisation. The Branch Vice President AFP ACT Operations Portfolio and the Branch Vice President AFP Close Operations Portfolio positions were both subject to the election. The Branch provided the necessary information for the election on 10 February 2016. The Delegate of the General Manager of the Fair Work Commission determined that an election for the Branch Vice President AFP Close Operations Portfolio was required and made arrangements for the Australian Electoral Commission to conduct the election. However, the circumstances surrounding the vacancy in the office of Branch Vice President AFP ACT Operations Portfolio were more complex, and the Delegate of the General Manager decided to engage with the Branch on behalf of the Fair Work Commission before determining whether to make arrangements for the conduct of an election.

The legal issues in this case revolved around the requirements for conducting an election for casual vacancies within a registered organisation, as outlined in the Fair Work (Registered Organisations) Act 2009. The Delegate of the General Manager had to determine whether an election was required for each vacant position and whether the prescribed information provided by the Branch was sufficient to conduct the election. Additionally, the Delegate of the General Manager had to consider the circumstances surrounding the vacancy in the office of Branch Vice President AFP ACT Operations Portfolio and decide whether to engage with the Branch before making any arrangements for the conduct of an election.

The Delegate of the General Manager carefully considered the information provided by the Branch and determined that an election for the Branch Vice President AFP Close Operations Portfolio was required. The prescribed information was deemed sufficient to conduct the election, and arrangements were made for the Australian Electoral Commission to conduct the election. However, the circumstances surrounding the vacancy in the office of Branch Vice President AFP ACT Operations Portfolio were more complex, and the Delegate of the General Manager decided to engage with the Branch on behalf of the Fair Work Commission before making any arrangements for the conduct of an election. The Delegate of the General Manager's decision to engage with the Branch demonstrated a commitment to ensuring that the election process was conducted fairly and in accordance with the rules of the organisation.

In conclusion, the Delegate of the General Manager made arrangements for the Australian Electoral Commission to conduct an election for the Branch Vice President AFP Close Operations Portfolio position. However, the Delegate of the General Manager decided to engage with the Branch on behalf of the Fair Work Commission before determining whether to make arrangements for the conduct of an election for the Branch Vice President AFP ACT Operations Portfolio position. This decision demonstrated a commitment to ensuring that the election process was conducted fairly and in accordance with the rules of the organisation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Branch Vice President AFP ACT Operations Portfolio	(1)
Branch Vice President AFP Close Operations Portfolio	(1)