The applicant union applied before the Commission in Court Session seeking declarations under s 71 of the Industrial Relations Act 1979 regarding the alignment of the eligibility for membership and offices rules between the State police union and its federal branch. Due to amendments made to the registered rules of the federal branch, there was no longer an alignment between the offices in the applicant State body and its federal counterpart, raising doubts about the continued effectiveness of the section 71 certificate.

In earlier proceedings, to address the misalignment, the Chief Commissioner made an order establishing an Interim Board of Directors, allowing the State union to alter its rules to restore alignment with the federal branch. The alterations were certified by the Registrar. The applicant contended that the qualifications for membership and the offices in both organisations were substantially the same, as required by s 71(2) and s 71(4) of the Act. The Commission in Court Session considered the application and supporting evidence, including evidence from the President of both the State union and the federal branch at the time.

The Commission in Court Session was satisfied that the requirements of the Act for the declarations sought were met, finding that the rules of the State union and the federal branch regarding offices were substantially the same, and issued a declaration to enable a new s 71 certificate to be issued.

The decision can be read here