WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES THE AUSTRALIAN WORKERS' UNION, WEST AUSTRALIAN BRANCH, INDUSTRIAL UNION OF WORKERS AND THE FOREST PRODUCTS, FURNISHING AND ALLIED INDUSTRIES INDUSTRIAL UNION OF WORKERS, WA

APPLICANTS

-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, 19 SEPTEMBER 2012

FILE NO/S FBM 4 OF 2012

CITATION NO. 2012 WAIRC 00850

Result Order made

Appearances

Applicants Mr M Zoetbrood and Mr S Price

Order

This matter having come on for hearing before the Full Bench on 27 August 2012, and having heard Mr M Zoetbrood and Mr S Price on behalf of the applicants, the Full Bench, pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA) (the Act), hereby orders that —

1. The Registrar be and is hereby authorised to register a new organisation to be known as 'The Australian Workers' Union, West Australian Branch, Industrial Union of Workers', in accordance with s 72(1) of the Act, being the product of the amalgamation of The Australian Workers' Union, West Australian Branch, Industrial Union of Workers and The Forest Products, Furnishing and Allied Industries Industrial Union of Workers, WA, subject to it then complying with the direction given by the Full Bench in the Schedule of this order.

2. The rules attached to the application filed herein on 5 June 2012, subject to the amendments set out in the Schedule hereto, are authorised pursuant to s 58(2) of the Act, and hereby declared to be the rules of 'The Australian Workers' Union, West Australian Branch, Industrial Union of Workers'.

By the Full Bench

ACTING PRESIDENT

Schedule

Following registration of the new organisation, steps are to be taken forthwith to alter its rules in accordance with r 36 of its rules to remedy the following errors, omissions and out-dated measurements as follows:

1. Amend the proviso to r 4(1) – (16) to delete the words 'at the date of registration of this union' to 'as at 18 July 1941'.

2. Amend r 4(18) to express the measurement of 14 miles in kilometres.

3. Amend the proviso to r 4(38) by deleting the words 'at the time of this application' to 'as at 2 November 1992'.

4. Correct the list of organisations in r 4(20)(b) by appropriate formatting of the list.

5. Consider amending r 14 to change references to 'the Union' to 'The Australian Workers’ Union'.

6. Amend r 47 by deleting the words 'Conciliation and Arbitration Act 1904' to 'Fair Work (Registered Organisations) Act 2009'.

7. Either create the titles for members of the Executive as Branch President, Branch Vice-Presidents, Branch Secretary and Branch Assistant Secretary and title the Executive itself the Branch Executive in all of the rules that create these offices and provide for duties and obligations of the Executive and the offices, or, alternatively, retain the titles of the Executive and the offices without any reference to Branch.  If the latter course is adopted:

(a) All references to Branch in r 14 should be amended to change the references to Branch Executive, Branch Secretary, relevant Branch Secretary and Branch Secretaries to Executive, Secretary and Secretaries.

(b) Similar amendments should be made to r 34 and r 35 to the titles of Branch Executive, Branch President, Branch Vice-President, Branch Vice-Presidents, Branch Secretary and Branch Assistant Secretary.

8. Remove the inconsistency in language between the references to 'Divisions' in r 25 and r 26 and 'Sub-Branch' in r 35(1)(b), r 35(1)(j) and r 35(1)(m).

9. Rule 19 should be amended to state 'deleted'.

10. Add an obligation to require the Secretary or any other office holder to purge the register of its members on not less than four occasions in each year by striking off the names of members whose membership has ended under s 64A or s 64B of the Act or under the rules.

11. Delete r 28 if it has no current operative effect.