The applicant union commenced proceedings seeking declarations under ss 71(2) and (4) of the Industrial Relations Act 1979 (the Act) that the Rules of the applicant and its federal counterpart regarding qualifications of persons for membership and offices are deemed to be the same and sought a fresh s 71(5) certificate from the Registrar.

These proceedings follow a lengthy series of other matters that commenced in 2018 when the applicant union altered its rules in relation to its name and subsequently applied for a fresh s71 certificate.   In those proceedings, the Full Bench raised some concerns as to whether the office of Assistant Secretary in the applicant and of Branch Assistant Secretary in its federal counterpart could be considered to be corresponding offices. Following this, orders were made appointing an interim committee of management for the applicant.

In these proceedings, the Commission in Court Session examined the functions and powers of the offices and the similarity of their rules to determine if there was a sufficient degree of similarity between the respective offices and rules. The Commission in Court Session determined that while there were some minor differences in exclusions, persons eligible for membership in the applicant union would also be eligible for membership in its federal counterpart. Comparing the functions and powers of the respective offices, the Commission was satisfied that for each office in the applicant union, there was a corresponding office in the federal branch with sufficiently similar powers and duties. The Commission in Court Session was satisfied that the relevant conditions were met under ss 71(2) and (4) of the Act and made declarations accordingly.

The decision can be read here.