The Commission has issued orders establishing an Interim Branch Executive for The Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union Of Workers - Western Australian Branch (respondent).

The applicant, a member of the respondent, brought an application seeking an order for the establishment of an Interim Branch Executive, to  to exercise all the powers of the various governing bodies which exist in the respondent so that it can continue to function whilst the respondent’s Rules are amended; to effect alterations to the Rules of the respondent to ensure that they align as far as necessary with the federal WA Branch Rules; and to make an application to the Commission for a new s 71 certificate.

In November 1999, the Full Bench of the Commission made a declaration that prescribed offices of the respondent and the respondent’s counterpart federal body, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, were the same, as were the rules for eligibility for membership.  The declaration led to the grant of a certificate under s 71

The applicant contended that due to changes in the federal WA Branch, including changes to the  federal WA Branch Rules, divisional structure and constitution,  the applicant determined that the s 71 certificate issued in 1999 would likely to be no longer effective.

The Chief Commissioner was satisfied that orders should be made under s 66 of the Industrial Relations Act 1979 to establish an Interim Branch Executive enabling the respondent to take steps to amend its rules to ensure they align with the federal WA Branch Rules, and to provide a basis for a fresh s 71 certificate to be sought in due course.

The decision can be read here.