ORDER PURSUANT TO S.66

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Gregory Busson

APPLICANT

-and-

The Coal Miners' Industrial Union of Workers of Western Australia

RESPONDENT

CORAM Chief Commissioner S J Kenner

DATE Wednesday, 4 May 2022

FILE NO/S PRES 1 OF 2022

CITATION NO. 2022 WAIRC 00178

Result Order issued

Appearances

Applicant Mr C Fordham of counsel

Respondent Mr C Fordham of counsel

Order

This matter having come on for hearing before me on 25 March 2022, and having received written submissions on 14 April 2022 and having heard Mr C Fordham of counsel on behalf of the applicant and the respondent, and reasons for decision having been delivered on 29 April 2022 the Chief Commissioner, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby orders –

(1) THAT an Interim Delegate Board of the respondent is established and constituted as follows –

(a) Mr Robert Sanford in the office of District President;

(b) Mr Kim Praetz in the office of District Vice-President;

(c) Mr Gregory Busson in the office of District Secretary; and

(d) Mr Darren Crowe in the office of lodge delegate to the Delegate Board.

(2) THAT each Interim Delegate Board member’s position on the Interim Delegate Board will continue unless or until –

(a) The member resigns or leaves their position on the Interim Delegate Board; or

(b) The member ceases to be a member of the respondent; or

(c) The member is elected to an office in the respondent.

(3) THAT the Interim Delegate Board have the authority to exercise all the powers, duties, and functions of the Delegate Board of the respondent and each of the members of the Interim Delegate Board shall have authority to exercise all the powers, duties and functions of the office held by each of them.

(4) THAT rules 12(c) and 14(b) of the respondent’s rules have no effect, and the duties, functions and powers of District Treasurer may be exercised by Mr Gregory Busson in his capacity as District Secretary.

(5) THAT elections are to be held for the offices of District President, District Vice-President, and District Secretary before 30 June 2024.

(6) THAT this order remains in effect until 30 June 2024, unless otherwise varied.

(7) THAT there be liberty to apply on short notice.

Chief Commissioner S J Kenner