WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES MIKE ZOETBROOD

APPLICANT

-and-

The Australian Workers' Union, West Australian Branch, Industrial Union of Workers

RESPONDENT

CORAM The Honourable J H Smith, Acting President

DATE monday, 20 June 2016

FILE NO. PRES 2 OF 2016

CITATION NO. 2016 WAIRC 00366

Result Order issued

Appearances

Applicant Mr M Zoetbrood in person

Respondent Ms E Douglas (of counsel) and Mr B Gandy

Order

WHEREAS this matter having come on for a hearing before me on 17 June 2016, and having heard Mr M Zoetbrood in person and Ms E Douglas (of counsel) and Mr B Gandy on behalf of the respondent;

AND WHEREAS having heard that The Australian Workers' Union, West Australian Branch, Industrial Union of Workers (the AWU) intends with The Food Preservers' Union of Western Australia Union of Workers (the Food Preservers' Union) to make an application to amalgamate pursuant to s 72 of the Industrial Relations Act 1979 (WA) (the Act) after each organisation has complied with its respective registered rules for doing so;

AND WHEREAS r 50 – Amalgamation, of the rules of the AWU, requires a notice to be published in The Australian Worker magazine to inform members of a proposed amalgamation;

AND WHEREAS the parties by consent seek the observance of r 50(4) and r 50(5) be waived and undertake to take reasonable steps to adequately inform financial members of the proposed amalgamation consistent with s 55(4) of the Act;

NOW THEREFORE pursuant to the powers conferred by s 66(2) of the Act, hereby orders that —

1. Compliance with r 50(4) and r 50(5) of the rules of the respondent (the rules of the AWU) is waived.

2. Rule 50 of the rules of the AWU is varied as follows:

(a) An application for amalgamation with the Food Preservers' Union shall not be made to the Registrar of the Western Australian Industrial Relations Commission unless notice of the proposed amalgamation is published by:

(i) Emailing all financial members for whom the AWU has a valid email address.

(ii) Mailing a copy of the notice to all delegates of the AWU with a request for the notice to be placed on the noticeboard at their workplace.

(iii) Posting of the notice on the AWU website.

(iv) The AWU will place a notice in the public notices section of The West Australian newspaper.

(v) Displaying the notice in a prominent place on the doors of the AWU's Perth, Bunbury and Kalgoorlie offices.

(b) The notice referred to in order 2(a) of this order shall inform members of the proposal and the reasons for the proposal and that:

(i) The AWU intends to apply to the Registrar of the Western Australian Industrial Relations Commission for registration of the amalgamated organisation after the expiration of not less than 28 days from the publication of the notice in The West Australian newspaper.

(ii) The member may object to the proposed amalgamation by forwarding a written objection to the Registrar of the Western Australian Industrial Relations Commission to reach her no later than 21 days from the publication of the notice in The West Australian newspaper.

(c) Publication of the notice referred to in order 2(a) of this order is to be given within seven days of a General Meeting of the Food Preservers' Union approving the proposed amalgamation.

3. The application for amalgamation referred to in order 2(a) of this order shall not be made until at least 28 days from the publication of the notice in The West Australian newspaper.

4. Unless this order is revoked or varied, the order shall cease to have effect on 31 October 2016.

5. There be liberty to the parties to apply to vary the terms of this order.

ACTING PRESIDENT