Western Australian Police Union of Workers -v- (Not applicable)
Document Type: Order
Matter Number: FBM 4/2018
Matter Description: Application for declaration pursuant s 71(2)
Industry: Unions
Jurisdiction: Full Bench
Member/Magistrate name: The Honourable J H Smith, Acting President, Chief Commissioner P E Scott, Senior Commissioner S J Kenner
Delivery Date: 17 Aug 2018
Result: Declaration issued
Citation: 2018 WAIRC 00691
WAIG Reference: 98 WAIG 1115
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES WESTERN AUSTRALIAN POLICE UNION OF WORKERS
APPLICANT
-AND-
(NOT APPLICABLE)
RESPONDENT
CORAM FULL BENCH
THE HONOURABLE J H SMITH, ACTING PRESIDENT
CHIEF COMMISSIONER P E SCOTT
SENIOR COMMISSIONER S J KENNER
DATE FRIDAY, 17 AUGUST 2018
FILE NO/S FBM 4 OF 2018
CITATION NO. 2018 WAIRC 00691
Result Declaration issued
Appearances
APPLICANT MR R FRENCH, OF COUNSEL, AND WITH HIM MR A CLARE, OF COUNSEL
Declaration
This matter having come on for hearing before the Full Bench on 17 August 2018, and having heard Mr R French, of counsel, and with him Mr A Clare, of counsel, on behalf of the applicant, the Full Bench being of the opinion upon the evidence that the rules of the applicant and its counterpart Federal body, relating to the qualifications of persons for membership of each such body are substantially the same, and the Full Bench also being of the opinion that the rules of the counterpart Federal body prescribing the offices which exist in the branch are the same in this respect as the rules of the applicant, it is this day, 17 August 2018, declared as follows:
(1) The rules of the applicant and its counterpart Federal body relating to the qualifications of persons for membership are deemed to be the same, in accordance with s 71(2) of the Industrial Relations Act 1979 (the Act).
(2) The rules of the counterpart Federal body prescribing the offices which exist in the branch are hereby deemed to be the same as the rules of the applicant, prescribing the offices which exist in the applicant, in accordance with s 71(4) of the Act.
By the Full Bench
ACTING PRESIDENT
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES WESTERN AUSTRALIAN POLICE UNION OF WORKERS
APPLICANT
-and-
(Not applicable)
RESPONDENT
CORAM FULL BENCH
The Honourable J H Smith, Acting President
Chief Commissioner P E Scott
Senior Commissioner S J Kenner
DATE Friday, 17 August 2018
FILE NO/S FBM 4 OF 2018
CITATION NO. 2018 WAIRC 00691
Result Declaration issued
Appearances
Applicant Mr R French, of counsel, and with him Mr A Clare, of counsel
Declaration
This matter having come on for hearing before the Full Bench on 17 August 2018, and having heard Mr R French, of counsel, and with him Mr A Clare, of counsel, on behalf of the applicant, the Full Bench being of the opinion upon the evidence that the rules of the applicant and its counterpart Federal body, relating to the qualifications of persons for membership of each such body are substantially the same, and the Full Bench also being of the opinion that the rules of the counterpart Federal body prescribing the offices which exist in the branch are the same in this respect as the rules of the applicant, it is this day, 17 August 2018, declared as follows:
(1) The rules of the applicant and its counterpart Federal body relating to the qualifications of persons for membership are deemed to be the same, in accordance with s 71(2) of the Industrial Relations Act 1979 (the Act).
(2) The rules of the counterpart Federal body prescribing the offices which exist in the branch are hereby deemed to be the same as the rules of the applicant, prescribing the offices which exist in the applicant, in accordance with s 71(4) of the Act.
By the Full Bench
ACTING PRESIDENT