Thomas Nolan -v- United Professional Firefighters Union of WA
Document Type: Order
Matter Number: PRES 5/2024
Matter Description: Order pursuant to s.66
Industry: Unions
Jurisdiction: President
Member/Magistrate name: Chief Commissioner S J Kenner
Delivery Date: 15 Mar 2024
Result: Order issued
Citation: 2024 WAIRC 00105
WAIG Reference:
ORDER PURSUANT TO S.66
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES THOMAS NOLAN
APPLICANT
-V-
UNITED PROFESSIONAL FIREFIGHTERS UNION OF WESTERN AUSTRALIA
RESPONDENT
CORAM CHIEF COMMISSIONER S J KENNER
DATE FRIDAY, 15 MARCH 2024
FILE NO/S PRES 5 OF 2024
CITATION NO. 2024 WAIRC 00105
Result Order issued
Representation
APPLICANT MR T NOLAN
RESPONDENT MR J MARSH
Order
This matter having come on for hearing before me on 13 March 2024, and having heard Mr T Nolan on his own behalf, and Mr J Marsh on behalf of the respondent, the Chief Commissioner, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders –
1. THAT an Interim Committee of Management is established, constituted as follows:
a. Secretary - John Marsh
b. President - Tom Nolan
c. Assistant Secretary - Vacant
d. Vice President (Officer) - Gareth Deeg
e. Vice President (Firefighter) - Scott Gamble
f. Trustee (Officer) - Paul Rogers
g. Trustee (Firefighter) - Todd Hawes
h. Trustee (General) - Pippa Williams
i. General Committee (Officer) - Shane Klunder
j. General Committee (Officer) - Mark Friend
k. General Committee (Officer) - Darryl Browning
l. General Committee (Officer) - Darrel Krammer
m. General Committee (Officer) - Steve Longo
n. General Committee (Firefighter) - Cian Evans
o. General Committee (Firefighter) - Grant Clemesha
p. General Committee (Firefighter) - Chris Jones
q. General Committee (Firefighter) - Scott Gibson
r. General Committee (Firefighter) - Adam Steenson
s. General Committee (General) - Kerry Bailey
2. THAT the definition of ‘Committee of Management’ in rules 2, 15, 17A and 24 of the rules of The United Professional Firefighters Union of Western Australia (the rules) shall be interpreted as the Interim Committee of Management and offices and officers holding office in the Interim Committee of Management.
3. THAT rule 24 ‘Election Of President, Vice-Presidents, Secretary, Assistant Secretary, Trustees And Members Of Committee Of Management’ is waived.
4. THAT rule 25 ‘By-Elections’ is waived.
5. THAT the Committee of Management shall have the authority to exercise all of the powers, duties and functions of the Committee of Management and each of the Interim Committee Members shall have the authority to exercise all of the powers, duties and functions of their respective office held.
6. THAT there be liberty to the parties to apply to vary the terms of this order.
7. THAT unless the operative date of this order is varied, this order will cease to have effect no later than 30 June 2024 or upon application, with consent, of the parties.
8. THAT the application be otherwise adjourned sine die.
CHIEF COMMISSIONER S J KENNER
ORDER PURSUANT TO S.66
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES THOMAS NOLAN
APPLICANT
-v-
United Professional Firefighters Union of WESTERN AUSTRALIA
RESPONDENT
CORAM Chief Commissioner S J Kenner
DATE FRIDAY, 15 MARCH 2024
FILE NO/S PRES 5 OF 2024
CITATION NO. 2024 WAIRC 00105
Result Order issued
Representation
Applicant Mr T Nolan
Respondent Mr J Marsh
Order
This matter having come on for hearing before me on 13 March 2024, and having heard Mr T Nolan on his own behalf, and Mr J Marsh on behalf of the respondent, the Chief Commissioner, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders –
1. THAT an Interim Committee of Management is established, constituted as follows:
a. Secretary - John Marsh
b. President - Tom Nolan
c. Assistant Secretary - Vacant
d. Vice President (Officer) - Gareth Deeg
e. Vice President (Firefighter) - Scott Gamble
f. Trustee (Officer) - Paul Rogers
g. Trustee (Firefighter) - Todd Hawes
h. Trustee (General) - Pippa Williams
i. General Committee (Officer) - Shane Klunder
j. General Committee (Officer) - Mark Friend
k. General Committee (Officer) - Darryl Browning
l. General Committee (Officer) - Darrel Krammer
m. General Committee (Officer) - Steve Longo
n. General Committee (Firefighter) - Cian Evans
o. General Committee (Firefighter) - Grant Clemesha
p. General Committee (Firefighter) - Chris Jones
q. General Committee (Firefighter) - Scott Gibson
r. General Committee (Firefighter) - Adam Steenson
s. General Committee (General) - Kerry Bailey
2. THAT the definition of ‘Committee of Management’ in rules 2, 15, 17A and 24 of the rules of The United Professional Firefighters Union of Western Australia (the rules) shall be interpreted as the Interim Committee of Management and offices and officers holding office in the Interim Committee of Management.
3. THAT rule 24 ‘Election Of President, Vice-Presidents, Secretary, Assistant Secretary, Trustees And Members Of Committee Of Management’ is waived.
4. THAT rule 25 ‘By-Elections’ is waived.
5. THAT the Committee of Management shall have the authority to exercise all of the powers, duties and functions of the Committee of Management and each of the Interim Committee Members shall have the authority to exercise all of the powers, duties and functions of their respective office held.
6. THAT there be liberty to the parties to apply to vary the terms of this order.
7. THAT unless the operative date of this order is varied, this order will cease to have effect no later than 30 June 2024 or upon application, with consent, of the parties.
8. THAT the application be otherwise adjourned sine die.
Chief Commissioner S J Kenner