WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Warren De Prazer

APPLICANT

-and-

Western Australian Railway Officers' Union

RESPONDENT

CORAM The Honourable J H Smith, Acting President

DATE TUESday, 29 June 2010

FILE NO/S PRES 3 OF 2010

CITATION NO. 2010 WAIRC 00388

Result Declaration and Order made

Appearances

Applicant Mr D H Schapper (of counsel)

Respondent Ms P Byrne (as agent)

Declaration and Order

This matter having come on for hearing before me on 18 June 2010, and having heard Mr Schapper of counsel on behalf of the applicant, and Ms Byrne as agent on behalf of the respondent, and reasons for decision having been delivered on 25 June 2010, the Acting President, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby —

1. DECLARES the true interpretation of —

(a) rule 8(b) of the rules of the Union is that while the 14 Branches defined in r 33 of the rules of the Union remain unclosed by Council, to constitute a quorum of a meeting of Delegate Conference, representatives of 11 Branches must attend and participate in a meeting of Delegate Conference; and

(b) rule 12(o) of the rules of the Union is that to constitute a quorum of a meeting of Council, exclusive of the members of the Executive, five ordinary members of Council or four ordinary members of Council and the Union member on the Railways Classification Board must attend and participate in a meeting of Council.

2. ORDERS that —

(a) the observance of r 8(b) of the rules of the Union and r 12(o) of the rules of the Union is waived;

(b) that the attendance and participation of the members of the Executive and the Council Delegate constitute a quorum of Council and as constituted is deemed to have the authority to exercise all of the powers and functions of Council (except as varied and modified by this order) pursuant to the rules of the Union;

(c) the meeting held on 31 March 2010 attended by the members of the Executive and the Council Delegate is deemed to be a valid meeting of Council and the resolutions passed at that meeting are deemed to be valid;

(d) that the attendance and participation of the members of the Executive and the Conference Delegate constitute a quorum of Delegate Conference at which all are entitled to vote and as constituted is deemed to have the authority to exercise all the powers and functions of Delegate Conference (except as varied and modified by this order) pursuant to the rules of the Union; and

(e) the meeting held on 31 March 2010 attended by the members of the Executive and the Conference Delegate is deemed to be a valid meeting of Delegate Conference and the resolutions passed at that meeting are deemed to be valid.

ACTING PRESIDENT