The applicant union commenced proceedings seeking declarations under s 52A of the Industrial Relations Act 1979 (WA) confirming the applicant’s federal counterpart, and seeking a certificate under s 71 of the Act, allowing persons elected to office in the applicant’s Federal branch to be taken as elected to the corresponding office in the applicant, without the need for a separate State election.
These proceedings follow a series of other matters which were outlined in a 2024 decision of the Commission in Court Session, in which the applicant union filed an application under s 62 of the Act for an alteration of the applicant’s rules in relation to its eligibility for membership.  In those proceedings, the Commission in Court granted the applications.  
As a result of these earlier proceedings the present application was brought, seeking a fresh s 71 certificate.  The application was accompanied by a statutory declaration made by the Secretary of the applicant, which set out a comparison, in table form, of the offices of the applicant and the Federal branch.  
The Commission in Court Session considered the provisions under sections 52A, 71(2), and 71(4) of the Act, and were satisfied that the rules of the applicant and the Federal branch in relation to qualifications of persons for membership were substantially the same, meeting the requirements of section 71(2) of the Act. 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.