The Registrar, Western Australian Industrial Relations Commission -v- The Australian Nursing Federation, Industrial Union of Workers Perth
Document Type: Order
Matter Number: PRES 7/2022
Matter Description: Order pursuant to s.66
Industry: Unions
Jurisdiction: President
Member/Magistrate name: Chief Commissioner S J Kenner
Delivery Date: 23 Sep 2022
Result: Declaration and orders issued
Citation: 2022 WAIRC 00684
WAIG Reference: 102 WAIG 1327
ORDER PURSUANT TO S.66
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES THE REGISTRAR, WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICANT
-V-
THE AUSTRALIAN NURSING FEDERATION, INDUSTRIAL UNION OF WORKERS PERTH
RESPONDENT
CORAM CHIEF COMMISSIONER S J KENNER
DATE FRIDAY, 23 SEPTEMBER 2022
FILE NO/S PRES 7 OF 2022
CITATION NO. 2022 WAIRC 00684
Result Declaration and orders issued
Representation
APPLICANT MR J CARROLL OF COUNSEL
RESPONDENT MS B BURKE OF COUNSEL
Declaration and Orders
HAVING heard Mr J Carroll of counsel on behalf of the applicant 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, hereby –
(1) DECLARES that the respondent failed to comply with rule 20 of its registered Rules in relation to the prescribed time for the conduct of an election in 2022.
(2) ORDERS that the respondent take all reasonable steps (including by distributing a copy of the herein reasons for decision and declaration and orders) to notify its members of its failure to comply with rule 20 of its registered Rules.
(3) ORDERS the respondent to provide to the applicant within 21 days of the date of this declaration and orders steps it will take to ensure compliance with rule 20 of its registered Rules in the future.
CHIEF COMMISSIONER S J KENNER
ORDER PURSUANT TO S.66
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES The Registrar, Western Australian Industrial Relations Commission
APPLICANT
-v-
The Australian Nursing Federation, Industrial Union of Workers Perth
RESPONDENT
CORAM Chief Commissioner S J Kenner
DATE Friday, 23 September 2022
FILE NO/S PRES 7 OF 2022
CITATION NO. 2022 WAIRC 00684
Result Declaration and orders issued
Representation
Applicant Mr J Carroll of counsel
Respondent Ms B Burke of counsel
Declaration and Orders
HAVING heard Mr J Carroll of counsel on behalf of the applicant 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, hereby –
(1) DECLARES that the respondent failed to comply with rule 20 of its registered Rules in relation to the prescribed time for the conduct of an election in 2022.
(2) ORDERS that the respondent take all reasonable steps (including by distributing a copy of the herein reasons for decision and declaration and orders) to notify its members of its failure to comply with rule 20 of its registered Rules.
(3) ORDERS the respondent to provide to the applicant within 21 days of the date of this declaration and orders steps it will take to ensure compliance with rule 20 of its registered Rules in the future.
Chief Commissioner S J Kenner