Tim Clarke -v- Media, Entertainment and Arts Alliance of Western Australia (Union of Employees)
Document Type: Order
Matter Number: PRES 8/2024
Matter Description: Order pursuant to s.66
Industry: Unions
Jurisdiction: President
Member/Magistrate name: Chief Commissioner S J Kenner
Delivery Date: 28 May 2024
Result: Order issued
Citation: 2024 WAIRC 00252
WAIG Reference:
ORDER PURSUANT TO S.66
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES TIM CLARKE
APPLICANT
-V-
MEDIA, ENTERTAINMENT AND ARTS ALLIANCE OF WESTERN AUSTRALIA (UNION OF EMPLOYEES)
RESPONDENT
CORAM CHIEF COMMISSIONER S J KENNER
DATE TUESDAY, 28 MAY 2024
FILE NO/S PRES 8 OF 2024
CITATION NO. 2024 WAIRC 00252
Result Order issued
Appearances
APPLICANT MR T BORGEEST OF COUNSEL
RESPONDENT NO APPEARANCE
Order
This matter having come on for hearing before me on 24 May 2024, and having heard Mr T Borgeest of counsel on behalf of the applicant, and there being no appearance on behalf of the respondent, the Chief Commissioner, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders —
(1) THAT an Interim Union Council of the respondent is established, constituted by:
a. Tim CLARKE,
b. Amy WELSH, and
c. Helen TUCKEY.
(2) THAT Tim CLARKE is designated Senior President for the purposes of rules 25 and 25AA of the respondent’s rules.
(3) THAT rules 52 and 53 of the respondent's rules have no operative effect.
(4) THAT the Interim Union Council shall have the authority to exercise all of the powers, duties, and functions of the Council of the respondent and each of the members of the Interim Union Council shall have the authority to exercise all of the powers, duties and functions of the office of member of the Council held by each of them.
(5) THAT unless otherwise varied, this order will operate until 30 October 2024.
(6) THAT there be liberty to apply on short notice.
CHIEF COMMISSIONER S J KENNER
ORDER PURSUANT TO S.66
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES TIM CLARKE
APPLICANT
-v-
Media, Entertainment and Arts Alliance of Western Australia (Union of Employees)
RESPONDENT
CORAM Chief Commissioner S J Kenner
DATE TUESday, 28 May 2024
FILE NO/S PRES 8 OF 2024
CITATION NO. 2024 WAIRC 00252
Result Order issued
Appearances
Applicant Mr T Borgeest of counsel
Respondent No appearance
Order
This matter having come on for hearing before me on 24 May 2024, and having heard Mr T Borgeest of counsel on behalf of the applicant, and there being no appearance on behalf of the respondent, the Chief Commissioner, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders —
(1) THAT an Interim Union Council of the respondent is established, constituted by:
a. Tim CLARKE,
b. Amy WELSH, and
c. Helen TUCKEY.
(2) THAT Tim CLARKE is designated Senior President for the purposes of rules 25 and 25AA of the respondent’s rules.
(3) THAT rules 52 and 53 of the respondent's rules have no operative effect.
(4) THAT the Interim Union Council shall have the authority to exercise all of the powers, duties, and functions of the Council of the respondent and each of the members of the Interim Union Council shall have the authority to exercise all of the powers, duties and functions of the office of member of the Council held by each of them.
(5) THAT unless otherwise varied, this order will operate until 30 October 2024.
(6) THAT there be liberty to apply on short notice.
CHIEF COMMISSIONER S J KENNER