ORDER PURSUANT TO S.66

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Gregory Busson

APPLICANT

-v-

The Coal Miners' Industrial Union of Workers of Western Australia

RESPONDENT

CORAM Chief Commissioner S J Kenner

DATE THURSDAY, 27 MARCH 2025

FILE NO/S PRES 1 OF 2022

CITATION NO. 2025 WAIRC 00194

Result Order issued

Representation

Applicant Ms A McNamara of counsel

Respondent Ms A McNamara of counsel

Order

WHEREAS on 4 May 2022, the Commission made an order ([2022] WAIRC 00178) establishing an Interim Delegate Board of the respondent to enable the respondent to continue to operate while amendments to its Rules are being progressed, with such orders to operate until 30 June 2024 unless otherwise varied or revoked;

AND WHEREAS on 28 June 2024, orders ([2024] WAIRC 00382) were made extending the period of operation of the Interim Delegate Board of the respondent until 31 December 2024;

AND WHEREAS on 13 December 2024, orders ([2024] WAIRC 01038) were made extending the period of operation of the Interim Delegate Board of the respondent until 30 March 2025;

AND WHEREAS on 25 March 2025, the applicant made a further application for an extension of the period of operation of the Interim Delegate Board of the respondent;

AND WHEREAS having considered the circumstances, I am satisfied that such an extension should be granted;

NOW THEREFORE, the Chief Commissioner, pursuant to the powers conferred under s 66 of the Industrial Relations Act 1979 (WA), hereby orders –

(1) THAT an Interim Delegate Board of the respondent is established and constituted as follows –

(a) Mr Robert Sanford in the office of District President;

(b) Mr Kim Praetz in the office of District Vice-President;

(c) Mr Gregory Busson in the office of District Secretary; and

(d) Mr Darren Crowe in the office of lodge delegate to the Delegate Board.

(2) THAT each Interim Delegate Board member’s position on the Interim Delegate Board will continue unless or until –

(a) The member resigns or leaves their position on the Interim Delegate Board; or

(b) The member ceases to be a member of the respondent; or

(c) The member is elected to an office in the respondent.

(3) THAT the Interim Delegate Board have the authority to exercise all the powers, duties, and functions of the Delegate Board of the respondent and each of the members of the Interim Delegate Board shall have authority to exercise all the powers, duties and functions of the office held by each of them.

(4) THAT rules 12(c) and 14(b) of the respondent’s rules have no effect, and the duties, functions and powers of District Treasurer may be exercised by Mr Gregory Busson in his capacity as District Secretary.

(5) THAT elections are to be held for the offices of District President, District Vice-President, and District Secretary before 30 June 2025.

(6) THAT this order remains in effect until 30 June 2025, unless otherwise varied.

(7) THAT there be liberty to apply on short notice.

Chief Commissioner S J Kenner