In related proceedings before the Commission, the applicant union sought authorisation from the Commission in Court Session under s 62 of the Industrial Relations Act 1979 to alter its Rules, specifically to align the eligibility of membership to the applicant’s federal counterpart, and to enable those elected to office within the federal branch to also hold office with the applicant.  The Commission in Court session was satisfied that the applicant had complied with its Rules, and an order was issued to register to the Rule alterations.

 

In this application the applicant union sought declarations to support the issue of a s 71 certificate, namely: that the office of the applicant is a counterpart to the federal branch, that qualifications of persons for membership are deemed to be the same, and that for every office in the applicant, there is a corresponding office in the federal branch.  In support of the application, a statutory declaration was filed by the Deputy Secretary of the applicant union, confirming that the application sought to align eligibility for membership with the federal Branch, and declared that the offices of the applicant and the federal Branch were almost identical.

 

In reviewing the statutory requirements relating to membership and a comparison of office holders, the Commission in Court Session concluded that the functions and powers of the offices of the applicant and federal branch are identical, and that for each office in the applicant there was a corresponding office in the federal branch.  Accordingly, declarations were issued.

 

The decision can be read here.