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:
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
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