ORDER PURSUANT TO S.66

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

CITATION : 2023 WAIRC 00013

DELIVERED : Monday, 9 January 2023

FILE NO. : PRES 14 OF 2022

Applicant

AND

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

Respondent

Catchwords : Industrial law - Application under section 66 - Waiver of Rules to enable Executive Committee meetings - Rule to be waived - Order issued

Legislation : Industrial Relations Act 1979 (WA) s 66    

Result : Order issued

Representation:

Counsel:

Applicant : Mr J Nicholas of counsel 

Solicitors:

Applicant : Nicholas Legal

Case(s) referred to in reasons:

The Construction, Forestry, Mining and Energy Union of Workers and Anor v Building Trades Association of Unions of Western Australia (Association of Workers) [2022] WAIRC 00233; (2022) 102 WAIG 471

Reasons for Decision

Ex Temporé

1         This application is brought by The Construction, Forestry, Mining and Energy Union of Workers.  It is an application under s 66 of the Industrial Relations Act 1979 (WA) and relates to earlier proceedings in PRES 4 of 2022 and PRES 4 of 2018, in which proceedings, orders as sought in this application were issued.

2         For the purposes of this matter, I adopt my reasons in application PRES 4 of 2022 of 1 June 2022, which reasons set out the background relevant to this matter: The Construction, Forestry, Mining and Energy Union of Workers and Anor v Building Trades Association of Unions of Western Australia (Association of Workers) [2022] WAIRC 00233; (2022) 102 WAIG 471. I refer also to my order issued on 3 June 2022, to the same effect.

3         The order in application PRES 4 of 2022 ceased to have effect on 1 August 2022.  Subsequently, on 22 December 2022, counsel for the applicant wrote to my Associate referring to an application filed by the respondent to amend its Rules, which application was made on or about 1 August 2022.  A variation to order two of my order made in PRES 4 of 2022 was sought, to extend the date of it to 1 March 2023.

4         Unfortunately, as the order had ceased to have effect at that time, I was functus officio as to that order, necessitating the making of this fresh application. 

5         From the affidavit of Mr Stephen Catania sworn on 5 January 2023 in these proceedings in support of the application, I am satisfied that the applicant has standing to bring the application under s 66(1)(a) of the Act.  Given the history of these matters and the application before me now, an order should be made in the terms of the minute of proposed orders filed in these proceedings and dated 6 January 2023. The only variation to the minute, as discussed with counsel this morning, is that it may be prudent to alter the date that the order will cease to have effect from 1 March 2023 to 30 June 2023, which amendment I will make.

6         On that basis, I am content to make the orders sought.