WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS, AND THE PLUMBERS AND GASFITTERS EMPLOYEES' UNION OF AUSTRALIA, WEST AUSTRALIAN BRANCH, INDUSTRIAL UNION OF WORKERS

APPLICANTS

-and-

Building Trades Association of Unions of Western Australia (Association of Workers)

RESPONDENT

CORAM The Honourable J H Smith, Acting President

DATE THURSday, 20 December 2018

FILE NO/S PRES 4 OF 2018

CITATION NO. 2018 WAIRC 00909

Result Order made

Appearances

Applicants Mr J Nicholas, of counsel

Respondent No appearance

Order

WHEREAS this matter having come on for hearing before me on 17 December 2018, and having heard Mr J Nicholas, of counsel, on behalf of the applicants, and there being no appearance on behalf of the respondent; and

WHEREAS having had regard to the matters deposed in the affidavits of Kivraj Singh affirmed on 21 November 2018 and 14 December 2018, I am satisfied that:

1. The first applicant, The Construction, Forestry, Mining and Energy Union of Workers (the CFMEUW), has standing to apply for an order pursuant to s 66 of the Industrial Relations Act 1979 (the Act) as a person who has been a member of the respondent and is now unfinancial.  Pursuant to s 72 of the Act through amalgamations, the CFMEUW has vested in it the rights of:

(a) West Australian Fibrous Plasterers Industrial Union of Workers;

(b) The Operative Bricklayers and Rubble Wallers' Industrial Union of Workers, Perth. W.A.; and

(c) The Builders' Labourers' Union of Workers of Perth Western Australia.

2. The second applicant, The Plumbers and Gasfitters Employees' Union of Australia, West Australian Branch, Industrial Union of Workers (the PGEU), has standing to apply for an order pursuant to s 66 of the Act as a person who has been a member of the respondent and is now unfinancial.

NOW THERFORE the Acting President, pursuant to the powers conferred under s 66 of the Act, hereby orders that —

1. The requirements of r 2 of the Rules of the Building Trades Association of Unions of Western Australia (Association of Workers) (the BTA) to apply for affiliation are waived and the CFMEUW and the PGEU are deemed to be affiliated.  The CFMEUW and the PGEU from the date of this order are deemed to be members of the BTA.

2. The requirements of r 7 of the Rules of the BTA for any member union to pay any fee, dues or other financial obligations before its delegates attend meetings or it participates in the benefits in the Rules or of any internal working agreement, are waived in respect of any unpaid fee, dues or other financial obligation prior to the date of this order.

3. Until 14 June 2019, or earlier election of Officers in accordance with the Rules of the BTA:

(a) The requirements of r 14 of the Rules of the BTA in relation to election of the Officers of the BTA's Management Committee are waived.

(b) An interim Management Committee of the BTA be appointed.

(c) The interim Management Committee is to consist of 6 interim Officers as follows:

i. President - a person to be nominated by the CFMEUW;

ii. Vice President - a person to be nominated by the PGEU;

iii. Secretary/Treasurer - a person to be nominated by the CFMEUW;

iv. Trustee - a person to be nominated by the PGEU;

v. Trustee - a person to be nominated by the CFMEUW;

vi. Trustee - a person to be nominated by the PGEU.

(d) The requirements of r 6(e) of the Rules of the BTA in relation to quorum of the BTA's Management Committee are waived.  At any meeting of the interim Management Committee, quorum be 4.

(e) The interim Management Committee and interim Officers have all the rights, functions, powers and duties (as the case may be) of the Management Committee and the Officers of the BTA as if they were duly constituted/elected under the Rules of the BTA.

(f) The Officers of the interim Management Committee are to hold office until such time as replacement Officers are appointed in accordance with the Rules of the BTA.

4. The CFMEUW and the PGEU are required to notify the names of the persons nominated to hold the offices of the interim Management Committee to the Commission by no later than 31 January 2019.

5. The CFMEUW and the PGEU may not thereafter amend their nominations for the interim Management Committee without leave first being obtained from the Commission.

6. The interim Management Committee is to make recommendations for the amendment of the Rules of the BTA.

7. Rule 10 is waived.

8. Other than orders 1 and 2, this order will cease to have effect on 14 June 2019.

9. There be liberty to apply to vary this order.

ACTING PRESIDENT