Adam Woodage; The Registrar, Western Australian Industrial Relations Commission -v- Electrical Trades Union of Workers of Australia (Western Australian Goldfields' Sub-Branch), Kalgoorlie; Electrical Trades Union of Workers of Australia (Western Australian Goldfields' Sub-Branch), Kalgoorlie
Document Type: Order
Matter Number: PRES 1/2025
Matter Description: Order pursuant to s.66
Industry: Unions
Jurisdiction: President
Member/Magistrate name: Chief Commissioner S J Kenner
Delivery Date: 28 Mar 2025
Result: Order issued
Citation: 2025 WAIRC 00196
WAIG Reference:
ORDER PURSUANT TO S.66
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES ADAM WOODAGE
APPLICANT
-V-
ELECTRICAL TRADES UNION OF WORKERS OF AUSTRALIA (WESTERN AUSTRALIAN GOLDFIELDS' SUB-BRANCH), KALGOORLIE
RESPONDENT
FILE NO PRES 1 OF 2025
PARTIES THE REGISTRAR, WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICANT
-V-
ELECTRICAL TRADES UNION OF WORKERS OF AUSTRALIA (WESTERN AUSTRALIAN GOLDFIELDS' SUB-BRANCH), KALGOORLIE
RESPONDENT
FILE NO PRES 2 OF 2025
CORAM CHIEF COMMISSIONER S J KENNER
DATE FRIDAY, 28 MARCH 2025
CITATION NO. 2025 WAIRC 00196
Result Order issued
Representation
APPLICANT MR C FOGLIANI OF COUNSEL
RESPONDENT NO APPEARANCE
APPLICANT MR J CARROLL OF COUNSEL
RESPONDENT NO APPEARANCE
Direction
HAVING heard from Mr C Fogliani of counsel on behalf of the applicant in application PRES 1 of 2025 and there being no appearance on behalf of the respondent and Mr J Carroll of counsel on behalf of the applicant in application PRES 2 of 2025 and there being no appearance on behalf of the respondent, and by consent, the Chief Commissioner, pursuant to the powers conferred on him under the Industrial Relations Act 1979 (WA), hereby directs –
(1) THAT these applications are to be listed for hearing to determine the following issues (the Issues):
(a) whether an interim executive should be appointed to manage the affairs of the respondent in application PRES 2 of 2025;
(b) whether Mr Woodage should be appointed to any interim executive; and
(c) whether the powers of any interim executive should be limited to:
(i) making any necessary amendments to the Rules of the respondent in order to facilitate holding of elections for all offices; and
(ii) arranging for the holding of such elections, or whether there should be no such limitation on the powers of the interim executive.
(2) THAT on or before 15 April 2025, Mr Woodage is to file any affidavits and submissions upon which he intends to rely upon in respect of the Issues.
(3) THAT on or before 6 May 2025, the Registrar is to file any submissions upon which she intends to rely upon in respect of the Issues.
(4) THAT the applications be listed on a date to be fixed by the Commission.
(5) THAT there be liberty to apply on short notice.
CHIEF COMMISSIONER S J KENNER
ORDER PURSUANT TO S.66
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Adam Woodage
APPLICANT
-v-
Electrical Trades Union of Workers of Australia (Western Australian Goldfields' Sub-Branch), Kalgoorlie
RESPONDENT
FILE NO PRES 1 OF 2025
PARTIES The Registrar, Western Australian Industrial Relations Commission
APPLICANT
-v-
Electrical Trades Union of Workers of Australia (Western Australian Goldfields' Sub-Branch), Kalgoorlie
RESPONDENT
FILE NO PRES 2 OF 2025
CORAM Chief Commissioner S J Kenner
DATE FRIDAY, 28 MARCH 2025
CITATION NO. 2025 WAIRC 00196
Result Order issued
Representation
Applicant Mr C Fogliani of counsel
Respondent No appearance
Applicant Mr J Carroll of counsel
Respondent No appearance
Direction
HAVING heard from Mr C Fogliani of counsel on behalf of the applicant in application PRES 1 of 2025 and there being no appearance on behalf of the respondent and Mr J Carroll of counsel on behalf of the applicant in application PRES 2 of 2025 and there being no appearance on behalf of the respondent, and by consent, the Chief Commissioner, pursuant to the powers conferred on him under the Industrial Relations Act 1979 (WA), hereby directs –
(1) THAT these applications are to be listed for hearing to determine the following issues (the Issues):
(a) whether an interim executive should be appointed to manage the affairs of the respondent in application PRES 2 of 2025;
(b) whether Mr Woodage should be appointed to any interim executive; and
(c) whether the powers of any interim executive should be limited to:
(i) making any necessary amendments to the Rules of the respondent in order to facilitate holding of elections for all offices; and
(ii) arranging for the holding of such elections, or whether there should be no such limitation on the powers of the interim executive.
(2) THAT on or before 15 April 2025, Mr Woodage is to file any affidavits and submissions upon which he intends to rely upon in respect of the Issues.
(3) THAT on or before 6 May 2025, the Registrar is to file any submissions upon which she intends to rely upon in respect of the Issues.
(4) THAT the applications be listed on a date to be fixed by the Commission.
(5) THAT there be liberty to apply on short notice.
Chief Commissioner S J Kenner