Tim Clarke -v- Media, Entertainment and Arts Alliance of Western Australia (Union of Employees)
Document Type: Order
Matter Number: PRES 8/2024
Matter Description: Order pursuant to s.66
Industry: Unions
Jurisdiction: President
Member/Magistrate name: Chief Commissioner S J Kenner
Delivery Date: 17 Apr 2025
Result: Order issued
Citation: 2025 WAIRC 00248
WAIG Reference:
ORDER PURSUANT TO S.66
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES TIM CLARKE
APPLICANT
-V-
MEDIA, ENTERTAINMENT AND ARTS ALLIANCE OF WESTERN AUSTRALIA (UNION OF EMPLOYEES)
RESPONDENT
CORAM CHIEF COMMISSIONER S J KENNER
DATE THURSDAY, 17 APRIL 2025
FILE NO/S PRES 8 OF 2024
CITATION NO. 2025 WAIRC 00248
Result Order issued
Appearances
APPLICANT MR T BORGEEST OF COUNSEL
RESPONDENT MR T BORGEEST OF COUNSEL
Order
WHEREAS on 28 May 2024, orders ([2024] WAIRC 00252) were made establishing an Interim Union Council 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 October 2024 unless otherwise varied or revoked;
AND WHEREAS on 29 October 2024, orders ([2024] WAIRC 00929) were made extending the period of operation of the Interim Union Council of the respondent until 28 February 2025;
AND WHEREAS on 28 February 2025, the applicant made a further application for extension of the period of operation of the Interim Union Council of the respondent and orders ([2025] WAIRC 00130) were made extending the period of operation of the Interim Union Council of the respondent until 30 April 2025;
AND WHEREAS this matter was listed for mention on 16 April 2025, and the parties requested that the constitution of the Interim Union Council be altered reflecting changes in the composition of the Branch Council of the Western Australian Branch of the Media, Entertainment and Arts Alliance;
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 Union Council of the respondent is established, constituted by:
a. Emma WYNNE,
b. Michael McCALL, and
c. Helen TUCKEY.
(2) THAT Michael McCALL is designated Senior President for the purposes of rules 25 and 25AA of the respondent’s rules.
(3) THAT rules 52 and 53 of the respondent's rules have no operative effect.
(4) THAT the Interim Union Council shall have the authority to exercise all of the powers, duties, and functions of the Council of the respondent and each of the members of the Interim Union Council shall have the authority to exercise all of the powers, duties and functions of the office of member of the Council held by each of them.
(5) THAT unless otherwise varied, this order will operate until 30 June 2025.
(6) 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 Tim Clarke
APPLICANT
-v-
Media, Entertainment and Arts Alliance of Western Australia (Union of Employees)
RESPONDENT
CORAM Chief Commissioner S J Kenner
DATE THURSday, 17 APRIL 2025
FILE NO/S PRES 8 OF 2024
CITATION NO. 2025 WAIRC 00248
Result Order issued
Appearances
Applicant Mr T Borgeest of counsel
Respondent Mr T Borgeest of counsel
Order
WHEREAS on 28 May 2024, orders ([2024] WAIRC 00252) were made establishing an Interim Union Council 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 October 2024 unless otherwise varied or revoked;
AND WHEREAS on 29 October 2024, orders ([2024] WAIRC 00929) were made extending the period of operation of the Interim Union Council of the respondent until 28 February 2025;
AND WHEREAS on 28 February 2025, the applicant made a further application for extension of the period of operation of the Interim Union Council of the respondent and orders ([2025] WAIRC 00130) were made extending the period of operation of the Interim Union Council of the respondent until 30 April 2025;
AND WHEREAS this matter was listed for mention on 16 April 2025, and the parties requested that the constitution of the Interim Union Council be altered reflecting changes in the composition of the Branch Council of the Western Australian Branch of the Media, Entertainment and Arts Alliance;
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 Union Council of the respondent is established, constituted by:
a. Emma WYNNE,
b. Michael McCALL, and
c. Helen TUCKEY.
(2) THAT Michael McCALL is designated Senior President for the purposes of rules 25 and 25AA of the respondent’s rules.
(3) THAT rules 52 and 53 of the respondent's rules have no operative effect.
(4) THAT the Interim Union Council shall have the authority to exercise all of the powers, duties, and functions of the Council of the respondent and each of the members of the Interim Union Council shall have the authority to exercise all of the powers, duties and functions of the office of member of the Council held by each of them.
(5) THAT unless otherwise varied, this order will operate until 30 June 2025.
(6) THAT there be liberty to apply on short notice.
Chief Commissioner S J Kenner