The Construction, Forestry, Mining and Energy Union of Workers, The Plumbers and Gasfitters Employees' Union of Australia, West Australian Branch, Industrial Union of Workers -v- Building Trades Association of Unions of Western Australia (Association of Workers)

Document Type: Order

Matter Number: PRES 3/2025

Matter Description: Order pursuant to s.66

Industry: Unions

Jurisdiction: President

Member/Magistrate name: Chief Commissioner S J Kenner

Delivery Date: 1 May 2025

Result: Order issued

Citation: 2025 WAIRC 00263

WAIG Reference:

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2025 WAIRC 00263
ORDER PURSUANT TO S.66
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS;
THE PLUMBERS AND GASFITTERS EMPLOYEES' UNION OF AUSTRALIA, WEST AUSTRALIAN BRANCH, INDUSTRIAL UNION OF WORKERS
APPLICANTS
-V-
BUILDING TRADES ASSOCIATION OF UNIONS OF WESTERN AUSTRALIA (ASSOCIATION OF WORKERS)
RESPONDENT
CORAM CHIEF COMMISSIONER S J KENNER
DATE THURSDAY, 1 MAY 2025
FILE NO/S PRES 3 OF 2025
CITATION NO. 2025 WAIRC 00263

Result Order issued
Appearances
APPLICANTS MS FRASER HARDY OF COUNSEL

RESPONDENT NO APPEARANCE


Order

HAVING HEARD Ms Fraser Hardy of counsel on behalf of the applicants and there being no appearance 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 Management Committee of the Building Trades Association of Western Australia (Association of Workers) (BTA) be established and constituted by the following officers:
a. Bradley Upton, President (from CFMEUW);
b. Brian Bintley, Vice President (from PGEU);
c. Michael Buchan, Secretary/Treasurer (from CFMEUW);
d. Robert Pearson, Trustee (from CFMEUW);
e. Troy Smart, Trustee (from PGEU); and
f. Robert Plumstead, Trustee (from PGEU).

(2) THAT the Interim Management Committee shall exercise all of the powers, functions and duties of the Management Committee of the BTA, and each of the officers shall have the authority to exercise all of the powers, duties and functions of the office/s held by each of them.

(3) THAT the requirements of rule 6(e) of the Rules of the BTA in relation to quorum for meetings of the Management Committee are waived, and at any meeting of the Interim Management Committee, quorum shall be four officers.

(4) THAT APPL 1 of 2025 be deemed to have been lodged with the authority of the BTA.

(5) THAT the requirement to comply with rule 18 in respect of the 6 June 2023 meeting of the Management Committee as a procedural precondition to the alteration of the Rules of the BTA the subject of APPL 1 of 2025 be waived.

(6) THAT the officers are to hold office until such time that replacement officers are appointed or elected in accordance with the Rules of the BTA as altered by APPL 1 of 2025.

(7) THAT unless otherwise varied, these orders will operate until 31 October 2025.

(8) THAT the parties have liberty to apply on short notice.






CHIEF COMMISSIONER S J KENNER

The Construction, Forestry, Mining and Energy Union of Workers, The Plumbers and Gasfitters Employees' Union of Australia, West Australian Branch, Industrial Union of Workers -v- Building Trades Association of Unions of Western Australia (Association of Workers)

ORDER PURSUANT TO S.66

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

PARTIES The Construction, Forestry, Mining and Energy Union of Workers;

 The Plumbers and Gasfitters Employees' Union of Australia, West Australian Branch, Industrial Union of Workers

APPLICANTS

-v-

Building Trades Association of Unions of Western Australia (Association of Workers)

RESPONDENT

CORAM Chief Commissioner S J Kenner

DATE THURSDAY, 1 MAY 2025

FILE NO/S PRES 3 OF 2025

CITATION NO. 2025 WAIRC 00263

 

Result Order issued

Appearances

Applicants Ms Fraser Hardy of counsel

 

Respondent  No appearance

 

 

Order

 

HAVING HEARD Ms Fraser Hardy of counsel on behalf of the applicants and there being no appearance 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 Management Committee of the Building Trades Association of Western Australia (Association of Workers) (BTA) be established and constituted by the following officers:

a. Bradley Upton, President (from CFMEUW);

b. Brian Bintley, Vice President (from PGEU);

c. Michael Buchan, Secretary/Treasurer (from CFMEUW);

d. Robert Pearson, Trustee (from CFMEUW);

e. Troy Smart, Trustee (from PGEU); and

f. Robert Plumstead, Trustee (from PGEU).

 

(2) THAT the Interim Management Committee shall exercise all of the powers, functions and duties of the Management Committee of the BTA, and each of the officers shall have the authority to exercise all of the powers, duties and functions of the office/s held by each of them.

 

(3) THAT the requirements of rule 6(e) of the Rules of the BTA in relation to quorum for meetings of the Management Committee are waived, and at any meeting of the Interim Management Committee, quorum shall be four officers.

 

(4) THAT APPL 1 of 2025 be deemed to have been lodged with the authority of the BTA.

 

(5) THAT the requirement to comply with rule 18 in respect of the 6 June 2023 meeting of the Management Committee as a procedural precondition to the alteration of the Rules of the BTA the subject of APPL 1 of 2025 be waived.

 

(6) THAT the officers are to hold office until such time that replacement officers are appointed or elected in accordance with the Rules of the BTA as altered by APPL 1 of 2025.

 

(7) THAT unless otherwise varied, these orders will operate until 31 October 2025.

 

(8) THAT the parties have liberty to apply on short notice.

 

 

 

 

 

 

CHIEF COMMISSIONER S J KENNER