The applicant, a Vice President and Council member of the second respondent union, applied to the Commission seeking an order under s 66 of the Industrial Relations Act 1979 challenging the appointment of the first respondent to the casual vacancy as Secretary of the second respondent. The applicant sought interim orders to remove the first respondent from his position and allow the Council to appoint an eligible member to the position until further order.

The first respondent, who previously served as Secretary of the union before leaving the role in 2022, was reappointed to the position on 30 August 2024, upon the resignation of the former Secretary, taking effect the same day. The applicant contended that the first respondent was ineligible for this appointment, citing the Union’s rules. The applicant also raised several allegations against the first respondent, including claims of bullying and harassment, and contentions concerning transparency in his dealings with the Council, nepotism, and potential tax liabilities.

The Registrar, an intervenor in this matter, supported the applicant’s submissions and filed evidence in support of the contention that under the Union’s rules, the first respondent was ineligible for appointment to the vacant Secretary position.

The first and second respondents opposed these contentions, asserting that the first respondent was eligible for the appointment under the Union rules as a financial member of the union, since first joining while in the nursing profession. They contended that the allegations pertaining to the first respondent’s conduct were unfounded, and that the removal of the first respondent from the position of Secretary would compromise upcoming enterprise bargaining negotiations.

Chief Commissioner Kenner considered the two requirements for the granting of interim orders, they being whether there were serious questions to be determined and where the balance of convenience lay.  The Chief Commissioner determined the matter weighed in favour of the applicant and the Registrar and made orders accordingly.

The decision can be read here. 

The order can be read here.