APPLICATION PURSUANT TO S 62(2) - ALTERATION OF REGISTERED RULES

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

CITATION : 2025 WAIRC 00403

DELIVERED : Thursday, 3 July 2025

FILE NO. : CICS 8 OF 2025

Applicant

AND

(Not Applicable)

Respondent

Catchwords : Industrial Law (WA) - Application pursuant to s 62(2) - Alteration of registered rules - Application granted

Legislation : Industrial Relations Act 1979 (WA) s 52A, s 55, s 56, s 58(3), s 62(2), s62(4), s 71

Industrial Relations Commission Regulations 2005 (WA) reg 77A

Fair Work Act 2009 (Cth)  

Result : Order issued

Representation:

Applicant : Mr M Elliott

Reasons for Decision

THE COMMISSION IN COURT SESSION:

1         The applicant, the Independent Education Union of Western Australia, Union of Employees, is a registered organisation under the Industrial Relations Act 1979 (WA).  The present proceedings are brought under s 62(2) of the Act seeking an order authorising the Registrar to register alterations to the Rules of the applicant.  The first alteration is to r 3 – Constitution, to substitute the present rule for a rule in the same terms as the eligibility for membership rule of the Independent Education Union of Australia WA Branch, the federal counterpart of the applicant, registered under the Fair Work Act 2009 (Cth).  The second is an alteration to r 10 – Elections to enable persons elected to office in the federal Branch, to also occupy the corresponding office in the applicant.  Both proposed rule alterations are in aid of a related application CICS 9 of 2025, by which the applicant seeks declarations from the Commission in Court Session under ss 52A and 71 of the Act. 

2         In support of the application were two statutory declarations made by Ms Collopy, the Secretary of the applicant, made on 24 April 2025. The first statutory declaration refers to steps taken by the applicant to give effect to a number of alterations to the applicant’s Rules, including r 3 – Constitution.  The second statutory declaration refers specifically to steps taken by the applicant to effect the alteration to r 10 – Elections, which was dealt with separately.  Both statutory declarations refer to the requirements of r 17 – Alteration of Rules of the applicant’s Rules, read with relevant provisions of r 8 – Executive, and the steps taken to comply with those rules.  What the relevant rules require include that:

(a) Any proposal to amend any or all of the Rules must be forwarded to each member of the applicant’s Executive at least 14 days prior to a meeting of the Executive at which the resolution is to be considered;

(b) The proposal must be moved and seconded by any two members of the Executive;

(c) At least two thirds of voting members of the Executive must support the proposal;

(d) All members of the applicant must be informed of the proposed alteration to the Rules and the reasons for the alteration by notice to each member; and

(e) All members must be informed that they have the right to object to the proposed alterations to the Rules by forwarding a written objection to the Registrar within 28 days of the notice.

3         Under the terms of the Act, by s 62(4), ss 55, 56 and 58(3) of the Act apply to the present application, with such modifications as may be necessary.  In light of the material contained in the application, the evidence by way of the statutory declarations that have been filed in support of it, and the written submissions, we are satisfied that these relevant provisions of the Act have been met, along with the requirements of reg 77A of the Industrial Relations Commission Regulations 2005, dealing with the alteration of rules of registered organisations.  On the basis of the foregoing, we are satisfied that:

(a) The application made by the applicant was duly authorised in accordance with the applicant’s Rules;

(b) That reasonable steps have been taken by the applicant to inform its members of the proposed alterations to the Rules and the application to be made to the Commission, and that members may object to the making of the application or the alterations to the rules by written objection to the Registrar; and

(c) That having regard to the structure of the applicant no objections have been made to the making of the application or the proposed alterations to the Rules.

4         Having regard to s 58(3) of the Act, we note that r 3 – Constitution of the proposed alterations to the Rules, is in terms that exclude certain persons or classes of persons from the description of persons who would be eligible for enrolment as members of the applicant, and the Commission in Court Session hereby authorises those alterations. 

5         On the basis of the foregoing, the Commission in Court Session authorises the proposed alterations to the Rules of the applicant in the terms of the order which now issues.