Western Australian Industrial Relations Commission

Application by HSUWA for deferral of committee elections allowed

The Commission has issued an order to waive the observance of Rule 7 of the rules of the Health Services Union of Western Australia (Union), to enable the Union to hold its 2020 election of committee members later than the time required.

Rule 7 of the Union’s rules requires that nominations for positions of members of the Committee of Management are required to be posted to the Returning Officer so that the Returning Officer receives them no later than 5pm on 31 October 2020.

The Union’s Secretary sought an order to extend that time to no later than 5pm on 11 November 2020. By affidavit, she set out the circumstances in which she wrote to the Registrar of the Commission requesting the conduct of an election for the vacant positions in the committee. On 30 September 2020, the Registrar declared that the request had been duly made and that she would arrange with the Electoral Commissioner for an election.

However, on 12 October 2020, the Western Australian Electoral Commission informed the Union that it was not able to meet the deadline of nominations. On that basis, the Union would not be able to conduct the elections within the timeframe set out in the Rule.

Chief Commissioner Scott considered the evidence and was satisfied that it was appropriate to make the order sought. She noted that the issue was related to the practicability of the Electoral Commission to meet the timeframes required by the Rules, but determined that the elections must take place and in accordance with proper procedure.

Scott CC has issued an order waiving the requirement to observe Rule 7 of the Union’s rules and to enable the nominations to be posted to the Returning Officer so that they are received no later than 5pm on 11 November 2020.

The decision can be read here.

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