In this matter, the applicant sought an order under s 66 of the Industrial Relations Act 1979 for an alteration to the respondent union’s rules.  The applicant sought the order despite the quorum requirement for a members’ meeting not being met, as there was prior support for the Rules alteration.

 

Under a previous matter, an order was made by the Commission to establish an Interim Board of the union to enable it to continue while amendments to the union’s Rules were being progressed.  Further orders were made by the commission to extend the operation of the Interim Board to September 2025.

 

Subsequently, two member meetings were held; the first in February 2025, which passed a resolution supporting the rule changes, and the second in June 2025 which authorised the Interim Board to apply for rule alterations. However the June meeting did not meet the quorum requirement of 50 percent of the union’s membership plus one member. 

 

The applicant stated that while the quorum requirement for the meeting was not met, the membership attendance was high, and that previously a resolution had been passed by members for the proposed Rules amendments to proceed.

 

Having regard to the evidence presented, Chief Commissioner Kenner exercised powers under the Industrial Relations Act 1979 to grant a waiver to the quorum requirement for the June meeting, allowing the amendments to proceed.  Accordingly, an Order was issued.

 

The decision can be read here.