Fair Work (Registered Organisations) Act 2009

After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:

the General Manager; and

the organisation or branch for whom the election was conducted.

The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.

The report must include details of the prescribed matters.

If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:

an unusually large proportion of members’ addresses that were not current; or

in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;

Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).

If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.

For model rules, see section 147.

Subsection (3) applies only in relation to elections conducted by postal ballot.

An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).