Michael Barrie Clancy -v- The Australian Nursing Federation Industrial Union of Workers Perth
Document Type: Order
Matter Number: PRES 6/2022
Matter Description: Order pursuant to s.66
Industry: Unions
Jurisdiction: President
Member/Magistrate name: Chief Commissioner S J Kenner
Delivery Date: 4 Aug 2022
Result: Order issued
Citation: 2022 WAIRC 00331
WAIG Reference:
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES MICHAEL BARRIE CLANCY
APPLICANT
-AND-
THE AUSTRALIAN NURSING FEDERATION INDUSTRIAL UNION OF WORKERS PERTH
RESPONDENT
CORAM CHIEF COMMISSIONER S J KENNER
DATE THURSDAY, 4 AUGUST 2022
FILE NO/S PRES 6 OF 2022
CITATION NO. 2022 WAIRC 00331
Result Order issued
Appearances
APPLICANT IN PERSON
RESPONDENT MS B BURKE OF COUNSEL
Order
THIS matter, having come on for a directions hearing before me on 27 July 2022, and having heard Mr M Clancy on his own behalf, and Ms B Burke of counsel on behalf of the respondent, the Chief Commissioner pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders —
1. THAT the observance of the requirement in rule 20 of the respondent’s Rules to hold an election for office bearers between 1 July and 31 August 2022 be waived.
2. THAT until the Returning Officer has declared the result of the election, those officers holding office due for election between 1 July and 31 August 2022, the subject of Rule 20 - Elections of the respondent’s Rules, are hereby deemed to continue to hold office and have authority to exercise the powers, duties, and functions of their respective offices.
3. THAT unless this order is extended, varied, or revoked, it shall operate until 30 November 2022.
4. THAT there be liberty to apply on short notice.
CHIEF COMMISSIONER S J KENNER
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES MICHAEL BARRIE CLANCY
APPLICANT
-and-
The Australian Nursing Federation Industrial Union of Workers Perth
RESPONDENT
CORAM Chief Commissioner S J Kenner
DATE Thursday, 4 August 2022
FILE NO/S PRES 6 OF 2022
CITATION NO. 2022 WAIRC 00331
Result Order issued
Appearances
Applicant In person
Respondent Ms B Burke of counsel
Order
THIS matter, having come on for a directions hearing before me on 27 July 2022, and having heard Mr M Clancy on his own behalf, and Ms B Burke of counsel on behalf of the respondent, the Chief Commissioner pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders —
1. THAT the observance of the requirement in rule 20 of the respondent’s Rules to hold an election for office bearers between 1 July and 31 August 2022 be waived.
2. THAT until the Returning Officer has declared the result of the election, those officers holding office due for election between 1 July and 31 August 2022, the subject of Rule 20 - Elections of the respondent’s Rules, are hereby deemed to continue to hold office and have authority to exercise the powers, duties, and functions of their respective offices.
3. THAT unless this order is extended, varied, or revoked, it shall operate until 30 November 2022.
4. THAT there be liberty to apply on short notice.
CHIEF COMMISSIONER S J KENNER