Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union: Operating Report

Mr Fletcher asked the Minister representing the then Minister for Jobs and Workplace Relations, in writing, on 17 November 2011:

Why does the Operating Report of the Communications Electrical and Plumbing Union for the year ended 31 March 2010 filed with Fair Work Australia under section 254 of the Fair Work (Registered Organisations) Act 2009 not disclose that Mr Bernard Riordan was a director of Energy Industries Superannuation Scheme Pty Ltd, the trustee of the Energy Industries Superannuation Scheme Pty Ltd.

Mr Shorten: The answer to the honourable member's question is as follows:

Each reporting unit within a registered organisation is required to keep proper financial records with respect to its transactions and financial position.

Sections 253 and 254 of the Fair Work (Registered Organisations) Act 2009 require a reporting unit to prepare general purpose financial reports and operating reports. In particular, under subsection 254 (2) (d), the operating report must give details (including details of the position held) of any officer or member of the reporting unit who is a trustee, or is a director of a company that is a trustee, of a superannuation entity or an exempt public sector superannuation scheme but only where eligibility for the officer or member being a trustee or director prescribes that the officer or member is an officer or member of a registered organisation.

Failure to comply with this section can attract civil penalties.

Fair Work Australia has made an inquiry under section 330 of the Fair Work (Registered Organisations) Act 2009 of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia as to whether subsection 254(d) has been complied with and is awaiting a response.