The applicants, members of the respondent union, applied to the Commission under s 66 of the Industrial Relations Act 1979 (WA) alleging that the respondent union failed to follow its rules regarding a number of claims.
The claims against the respondent include claims that the now former Secretary of the union was ineligible for the position under the union’s rules, that certain individuals were ineligible as union members, that the union did not comply with its rules in relation to Annual General Meetings, and that the union breached its rules governing payments of accounts.
The respondent union originally filed an application to dismiss these claims, contending that the applications amounted to grievances about the management of the union rather than issues of rules observance. As a result of that application, one of the claims against the respondent was dismissed but the others remained to be determined.
Chief Commissioner Kenner considered each of the remaining five amended claims. He determined that the former Secretary was eligible for the position of Secretary under rules; that the claim regarding certain individuals being ineligible as members was unfounded and was caused by a simple administrative error; and while the respondent had followed its rules regarding the claims about AGMs and the control of funds, those rules were either inadequate or unclear. The Chief Commissioner accordingly made directions to the union to alter these rules.
The decision can be read here.