WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS

APPLICANT

-and-

(Not applicable)

RESPONDENT

CORAM FULL BENCH

The Honourable J H Smith, Acting President

Chief Commissioner A R Beech

Commissioner S M Mayman

DATE WEDNESday, 21 December 2011

FILE NO/S FBM 7 OF 2011

CITATION NO. 2011 WAIRC 01169

Result Declaration issued

Appearances

Applicant Mr S A Millman (of counsel)

Declaration

This matter having come on for hearing before the Full Bench on 16 December 2011, and having heard Mr S A Millman, of counsel, on behalf of the applicant, the Full Bench being of the opinion upon the evidence that the rules of the applicant and the Construction, Forestry, Mining and Energy Union, Construction and General Division Western Australian Divisional Branch, its counterpart Federal body, relating to the qualifications of persons for membership of each such body are substantially the same, and the Full Bench also being of the opinion that the rules of the counterpart Federal body prescribing the offices which exist in the Branch are the same in this respect as the rules of the applicant, it is this day, 21 December 2011, declared as follows:—

(1) The rules of the applicant and its counterpart Federal body relating to the qualifications of persons for membership are deemed to be the same, in accordance with s 71(2) of the Industrial Relations Act 1979 (the Act).

(2) The rules of the counterpart Federal body prescribing the offices which exist in the Branch are hereby deemed to be the same as the rules of the applicant, prescribing the offices which exist in the applicant, in accordance with s 71(4) of the Act.

By the Full Bench

ACTING PRESIDENT