Michael Barrie Clancy -v- The Australian Nursing Federation Industrial Union of Workers Perth
Document Type: Order
Matter Number: PRES 4/2020
Matter Description: Order pursuant to s.66
Industry: Unions
Jurisdiction: President
Member/Magistrate name: Chief Commissioner P E Scott
Delivery Date: 4 Sep 2020
Result: Order issued
Citation: 2020 WAIRC 00784
WAIG Reference: 100 WAIG 1321
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES MICHAEL BARRIE CLANCY
APPLICANT
-AND-
THE AUSTRALIAN NURSING FEDERATION INDUSTRIAL UNION OF WORKERS PERTH
RESPONDENT
CORAM CHIEF COMMISSIONER P E SCOTT
DATE FRIDAY, 4 SEPTEMBER 2020
FILE NO/S PRES 4 OF 2020
CITATION NO. 2020 WAIRC 00784
Result Order issued
Appearances
APPLICANT MR M CLANCY, IN PERSON
RESPONDENT MR S BARRY, AS AGENT
Order
This matter having come on for a directions hearing before me on 27 August 2020, and having heard Mr M Clancy on his own behalf, and Mr S Barry on behalf of the respondent, and having considered the parties’ documents, the Chief Commissioner, pursuant to the powers conferred under s 66(2) of the Industrial Relations Act 1979, hereby orders that —
1. Observance of the requirement in Rule 20 of the ANF’s Rules, to hold elections between 1 July and 31 August 2020, be waived; and
2. Until the Returning Officer has declared the result of the election, those officers holding office due for election between 1 July and 31 August 2020, the subject of Rule 20 – Elections, are hereby deemed to continue to hold such offices and have authority to exercise the powers, duties and functions of the respective offices;
3. Unless this order is extended, varied or revoked, it shall operate until 30 November 2020; and
4. There be liberty to the parties to apply.
CHIEF COMMISSIONER P E SCOTT
NOTE: amended by corrigenda ([2020] WAIRC 00803)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES MICHAEL BARRIE CLANCY
APPLICANT
-and-
THE AUSTRALIAN NURSING FEDERATION INDUSTRIAL UNION OF WORKERS PERTH
RESPONDENT
CORAM Chief Commissioner P E Scott
DATE Friday, 4 September 2020
FILE NO/S PRES 4 OF 2020
CITATION NO. 2020 WAIRC 00784
Result Order issued
Appearances
Applicant Mr M Clancy, in person
Respondent Mr S Barry, as agent
Order
This matter having come on for a directions hearing before me on 27 August 2020, and having heard Mr M Clancy on his own behalf, and Mr S Barry on behalf of the respondent, and having considered the parties’ documents, the Chief Commissioner, pursuant to the powers conferred under s 66(2) of the Industrial Relations Act 1979, hereby orders that —
1. Observance of the requirement in Rule 20 of the ANF’s Rules, to hold elections between 1 July and 31 August 2020, be waived; and
2. Until the Returning Officer has declared the result of the election, those officers holding office due for election between 1 July and 31 August 2020, the subject of Rule 20 – Elections, are hereby deemed to continue to hold such offices and have authority to exercise the powers, duties and functions of the respective offices;
3. Unless this order is extended, varied or revoked, it shall operate until 30 November 2020; and
4. There be liberty to the parties to apply.
CHIEF COMMISSIONER P E SCOTT
NOTE: amended by corrigenda ([2020] WAIRC 00803)