The applicants, members of the respondent union, had standing to seek orders under s 66 of the Industrial Relations Act 1979, due to previous Commission orders made in 2018 and 2022. 

The respondent union applied under s 62 of the IR Act to alter its rules, but the Registrar indicated that necessary procedural requirements were not met, prompting the suggestion for an Interim Management Committee to facilitate the process.

The respondent union had previously faced difficulties with the requirements of meeting a quorum, as required by the organisation rules, making it difficult for form a valid management committee or hold special meetings. An order previously granted by the Commission waving the quorum requirement had expired, which had resulted in invalid meetings of the management committee.

The Chief Commissioner reviewed two key compliance issues: the respondent union's rules for a special executive meeting and the election of Vice President positions.  The Chief Commissioner concluded the waiver of compliance was necessary to address the ongoing quorum issues that have affected the respondent union, supported by evidence of agreement among the members. Also noted was a potential issue regarding the number of Vice Presidents required for the organisation, however it was determined that proposed alterations to the rules would clarify this matter. 

Chief Commissioner Kenner made orders for the establishment of an Interim Management Committee to facilitate necessary rule amendments and resolve ongoing quorum issues for the respondent union. The order issued is set to operate until 31 October 2025, allowing for further applications if needed.

 

The decision can be read here.