ORDER PURSUANT TO S.66

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

CITATION : 2025 WAIRC 00438

DELIVERED : THURSday, 24 July 2025

FILE NO. : PRES 1 OF 2022

Applicant

AND

The Coal Miners' Industrial Union of Workers of Western Australia

Respondent

Catchwords : Industrial Law (WA) - Application under s 66 - Interim Delegate Board previously established - Rule alteration application made - Resolution required to authorise application - Further Aggregate meeting held - Quorum requirements not met - Waiver granted

Legislation : Industrial Relations Act 1979 (WA) s 66, s 66(2), s 26(1)(a), s 26(1)(c) 

Result : Order issued

Representation:

Counsel:

Applicant : Ms A McNamara of counsel

Respondent : Ms A McNamara of counsel

Solicitors:

Applicant : Slater and Gordon Lawyers

Respondent : Slater and Gordon Lawyers

Case(s) referred to in reasons:

Busson v The Coal Miners Industrial Union of Workers of Western Australia: [2022] WAIRC 00170; (2022) 102 WAIG 307 [2022] WAIRC 00178; (2022) 102 WAIG 309

Reasons for Decision

Application and evidence in support

1         As a result of proceedings before me under s 66 of the Industrial Relations Act 1979 (WA) I made orders on 4 May 2022, establishing an Interim Delegate Board of the respondent to enable it to continue to operate while amendments to the respondent’s Rules were being progressed: Busson v The Coal Miners Industrial Union of Workers of Western Australia: [2022] WAIRC 00170; (2022) 102 WAIG 307; [2022] WAIRC 00178; (2022) 102 WAIG 309.  Further orders have subsequently been made, extending the operation and effect of the Interim Delegate Board, with my most recent order dated 12 June 2025, extending its operation to 30 September 2025: [2025] WAIRC 00350.

2         On 21 February 2025, an Aggregate Meeting of the respondent’s members was convened by the Secretary of the respondent, Mr Busson.  At the meeting, a majority of members present passed a resolution in support of the proposed alterations to the Rules.  Subsequently, on 21 March 2025, the respondent made an application to the Commission (APPL 15 of 2025), to alter its Rules in accordance with the resolution passed.  However, in determining the matter, the Registrar informed the respondent that a further resolution of members of the respondent was required, to authorise the application to the Commission. 

3         As a result, a further Aggregate Meeting of members of the respondent was held on 16 June 2025.  Arising from that meeting, the members present granted authority to the Interim Delegate Board to take all necessary steps to make an application to the Commission for the alteration of the Rules.  Under r 10 of the respondent’s Rules, a quorum for an Aggregate Meeting is 50 per cent of the respondent’s membership plus one. As at the date of the meeting, the respondent’s membership was 221.   In accordance with an affidavit sworn by the Secretary of the respondent Mr Busson on 23 July 2025, Mr Busson stated that 93 members attended the Aggregate Meeting and the following resolution was passed:

The members present at the Coal Miners ’Industrial Union of Workers of Western Australia Special AGM held on Monday 16th June 2025 hereby approve the rule amendments that the members were previously given notice of; and the members present authorise the Interim Delegate Board to take all necessary steps to make an application to the Western Australian Industrial Relations Commission and to have the proposed rule amendments registered.

4         Mr Busson further stated in his affidavit that although the quorum requirement for the Aggregate Meeting was not met, he decided to continue with the meeting given the numbers attending was close to the quorum requirement.  Mr Busson also noted that he received 30 to 38 apologies from members who were unable to attend the meeting.  Mr Busson stated that it is often difficult for members to attend meetings, given their various shift work patterns.

5         Mr Busson’s evidence was that another reason he decided to proceed with the Aggregate Meeting, despite the quorum requirement not having been met, was the fact that a high number of members did in fact attend.  He also referred to the resolution passed at the Aggregate Meeting on 21 February 2025, attended by 116 members, which passed a resolution that the proposed Rules amendments proceed.  Mr Busson’s evidence was that this demonstrated the members’ support for the alterations to the Rules. 

6         The applicant now seeks an order under s 66 of the Act in the following terms:

1. The Chief Commissioner, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders that the quorate requirements in Rule 10 of the Coal Miners’ Industrial Union of Workers of Western Australia’s Union Rules, be waived in respect of the Aggregate Meeting held on 16 June 2025 in relation to the following motion:

The members present at the Coal Miners ’Industrial Union of Workers of Western Australia Special AGM held on Monday 16th June 2025 hereby approve the rule amendments that the members were previously given notice of; and the members present authorise the Interim Delegate Board to take all necessary steps to make an application to the Western Australian Industrial Relations Commission and to have the proposed rule amendments registered.

7         In written submissions in support of the orders sought, the applicant contended that in light of the affidavit of Mr Busson, and the recent history of the matter, then it was reasonable in the circumstances, to seek a waiver of the quorum requirements of r 10, in order that the clear wishes of the membership of the respondent to have the Rules altered, can be given effect.  It was further submitted that under s 66 of the Act, the Chief Commissioner has the jurisdiction and power to make the order sought.

Consideration

8         The powers of the Chief Commissioner under s 66(2) of the Act are very broad.  They enable me to ‘make such order or give such directions relating to the rules of the organisation, their observance or non-observance or the manner of their observance, either generally or in the particular case, as the Chief Commissioner considers to be appropriate…’.  In my view, the order sought by the applicant is within my powers under s 66(2).  Having regard to the evidence of Mr Busson and the recent history of the matter, and the submissions in support, in my opinion it would be appropriate and consistent with ss 26(1)(a) and (c) of the Act, for an order to be made waiving the quorum requirement of r 10 of the respondent’s Rules for the Aggregate Meeting held on 16 June 2025.  This will enable effect to be given to what is the clear will of the membership of the respondent, that the alterations to the Rules be submitted to the Registrar for her approval. 

9         Accordingly minutes of proposed order now issue.