The application made by the Registrar under s 66 of the Industrial Relations Act 1979 (WA), sought orders for the establishment of an interim committee of management for the respondent union.  The application was based on concerns that the s71 certificate issued previously issued to the respondent was no longer effective, impacting the validity of the election of officeholders in the respondent organisation.  Under usual procedures, an interim committee is established to manage the organisation’s affairs and amend the rules if necessary.

Two key events led to the current matter.  First, was an alteration in rules to the federal branch of the respondent union, which abolished one of the two existing Assistant Secretary offices.  This change created an inconsistency between the respondent and its federal counterpart.  Second, by a Determination made under the Fair Work Act 2009 (Cth), an administrator was subsequently appointed to manage the operations of the federal union, including the federal branch, which had the effect, amongst others, of temporarily divesting the officeholders of their powers in favour of the administrator.

The Registrar contended that due to these changes, the s 71 certificate was rendered ineffective, while emphasising the importance of maintaining democratic control and process within the organisation.  The respondent argued that the certificate remained valid and effective, asserting that the proper course would be to adjust its rules to reflect changes made to the federal counterpart, rather than establish an interim committee.

Consideration was also given to the Determination, under which the federal counterpart operates, highlighting that while the powers of officeholders are temporarily divested, their offices remain intact.

Chief Commissioner Kenner concluded that the s 71 certificate remains legally effective and that the respondent union can continue functioning without the need for an interim committee.  Accordingly, the application was dismissed.

The application for altering the respondent's rules is to proceed as planned, reflecting the ongoing operation of the certificate despite the recent changes in the federal branch. 

 

The decision can be read here.