Romina Raschilla -v- Mark Olson, Australian Nursing Federation Industrial Union of Workers Perth, Registrar, Western Australian Industrial Relations Commission
Document Type: Order
Matter Number: PRES 10/2024
Matter Description: Order pursuant to s.66
Industry: Unions
Jurisdiction: President
Member/Magistrate name: Chief Commissioner S J Kenner
Delivery Date: 11 Oct 2024
Result: Interim order issued
Citation: 2024 WAIRC 00897
WAIG Reference: 104 WAIG 2393
ORDER PURSUANT TO S.66
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES ROMINA RASCHILLA
APPLICANT
-V-
MARK OLSON
FIRST RESPONDENT
AUSTRALIAN NURSING FEDERATION INDUSTRIAL UNION OF WORKERS PERTH
SECOND RESPONDENT
REGISTRAR, WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
INTERVENOR
CORAM CHIEF COMMISSIONER S J KENNER
DATE FRIDAY, 11 OCTOBER 2024
FILE NO/S PRES 10 OF 2024
CITATION NO. 2024 WAIRC 00897
Result Interim order issued
Representation
Applicant In person
First Respondent Mr N Parkinson of counsel
Second Respondent Mr M Clancy
Intervenor Mr J Carroll of counsel
Order
HAVING heard Ms R Raschilla on her own behalf, Mr N Parkinson of counsel on behalf of the first respondent, Mr M Clancy on behalf of the second respondent and Mr J Carroll of counsel on behalf of the intervenor, the Chief Commissioner, pursuant to the powers conferred on him under the Industrial Relations Act 1979 (WA), hereby orders –
(1) THAT Mr Mark Olson be removed from the office of Secretary of the Australian Nursing Federation, Industrial Union of Workers Perth until further order of this Commission.
(2) THAT the Council of the Australian Nursing Federation, Industrial Union of Workers Perth is able to fill the casual vacancy in the office of Secretary created by order (1) above by appointing an eligible member, other than Mr Mark Olson, to the casual vacancy under rule 24 of its registered rules, however, the term of any such appointment must be subject to any further order of this Commission.
(3) THAT a copy of these reasons for decision and orders in the herein application be served by email on all members of the Council of the second respondent by no later than 4.00 pm Tuesday, 15 October 2024.
(4) THAT a copy of these reasons for decision and orders in the herein application be served by email on all members of the second respondent by no later than 4.00 pm Tuesday, 15 October 2024.
(5) THAT the President of the second respondent file an affidavit verifying the service of these reasons for decision and orders on members of the Council of the second respondent and members of the second respondent by no later than 4.00 pm Thursday, 17 October 2024.
(6) THAT the parties have liberty to apply on short notice.
CHIEF COMMISSIONER S J KENNER
ORDER PURSUANT TO S.66
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Romina Raschilla
APPLICANT
-v-
Mark Olson
FIRST RESPONDENT
Australian Nursing Federation Industrial Union of Workers Perth
SECOND RESPONDENT
Registrar, Western Australian Industrial Relations Commission
INTERVENOR
CORAM Chief Commissioner S J Kenner
DATE FRIDAY, 11 OCTOBER 2024
FILE NO/S PRES 10 OF 2024
CITATION NO. 2024 WAIRC 00897
Result Interim order issued
Representation
Applicant In person
First Respondent Mr N Parkinson of counsel
Second Respondent Mr M Clancy
Intervenor Mr J Carroll of counsel
Order
HAVING heard Ms R Raschilla on her own behalf, Mr N Parkinson of counsel on behalf of the first respondent, Mr M Clancy on behalf of the second respondent and Mr J Carroll of counsel on behalf of the intervenor, the Chief Commissioner, pursuant to the powers conferred on him under the Industrial Relations Act 1979 (WA), hereby orders –
(1) THAT Mr Mark Olson be removed from the office of Secretary of the Australian Nursing Federation, Industrial Union of Workers Perth until further order of this Commission.
(2) THAT the Council of the Australian Nursing Federation, Industrial Union of Workers Perth is able to fill the casual vacancy in the office of Secretary created by order (1) above by appointing an eligible member, other than Mr Mark Olson, to the casual vacancy under rule 24 of its registered rules, however, the term of any such appointment must be subject to any further order of this Commission.
(3) THAT a copy of these reasons for decision and orders in the herein application be served by email on all members of the Council of the second respondent by no later than 4.00 pm Tuesday, 15 October 2024.
(4) THAT a copy of these reasons for decision and orders in the herein application be served by email on all members of the second respondent by no later than 4.00 pm Tuesday, 15 October 2024.
(5) THAT the President of the second respondent file an affidavit verifying the service of these reasons for decision and orders on members of the Council of the second respondent and members of the second respondent by no later than 4.00 pm Thursday, 17 October 2024.
(6) THAT the parties have liberty to apply on short notice.
Chief Commissioner S J Kenner