A s 66 order was issued to allow the operation of the respondent’s Interim Union Council to continue because the rules of the respondent and its counterpart federal body had fallen out of alignment.

Background

The order issued in Media, Entertainment and Arts Alliance of Western Australia (Union of Employees): [2022] WAIRC 00087; [2022] 102 WAIG 194; [2022] WAIRC 00092; [2022] 102 WAIG 195 on 2 March 2022 established an Interim Union Council of the respondent.  The reason for this was that the rules of the respondent and its counterpart federal body, the Media Entertainment and Arts Alliance, an organisation registered under the Fair Work (Registered Organisations) Act 2009 (Cth), had fallen out of alignment.  The order operated until 28 February 2023.

Contention

The applicant applied under s 66 of the Industrial Relations Act 1979 (WA), seeking either an extension of the operation date of the 2 March 2022 order or a new order in the same terms, but with an operative date of 31 August 2023.

The respondent required the continuation of the Interim Union Council to register future anticipated agreements under the Act as industrial agreements and to bring an application under s 71 of the Act for a fresh s 71 certificate. 

Findings

The Commission issued a new order under s 66 of the Act.

A variation of the 2 March 2022 order issued in PRES 6 of 2022 was not possible because the operative date of 28 February 2023 has passed, making the Commission functus officio.

The decision can be read here.