ORDER PURSUANT TO S.66

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

CITATION : 2024 WAIRC 00873

DELIVERED : MONDAY, 7 OCtober 2024

FILE NO. : PRES 14 OF 2024

Applicant

AND

Community Employers WA Incorporated

Respondent

Catchwords : Industrial Law (WA) – Application under s 66 – Establishment of an Interim Board – Pending application to The Registrar under the Act for deregistration of the Association – Other changes to Rules made

Legislation : Industrial Relations Act 1979 (WA) s 66

Associations Incorporation Act 2015 (WA)

Result : Order issued

Representation:

Applicant : Mr T Grey-Smith

Respondent : Mr T Grey-Smith

Reasons for Decision

1         This is an application under s 66 of the Industrial Relations Act 1979 (WA). The application seeks the establishment of an Interim Board of the respondent Association in order to operate the affairs of the Association, pending an application to the Registrar under the Act, that the Association be deregistered. I was informed at the directions hearing in the matter, which came before me on 4 October 2024, that the Association has made changes to its Rules, not reflected in its registered Rules under the Act, in order that it can be registered under the Associations Incorporation Act 2015 (WA).

2         At the hearing of the matter, I was satisfied that the applicant had standing to bring the application under s 66(1)(a) of the Act, as a member of the respondent. I was also satisfied that based on the submissions made in support of the application, in the circumstances, an order under s 66(2) of the Act should be made.

3         The applicant informed me that since being registered as an organisation under the Act, whilst it was intended as an employer organisation representing its community service organisation members, it would participate in industrial relations matters, this has not transpired. The respondent’s focus instead has been directed towards funding and other issues concerning community service organisations. Matters as set out in r 5 - Objects of the respondent, dealing with improvements in pay and conditions of employees in the not-for-profit community and welfare sector in this State, amongst other industrial objectives, have not been pursued.

4         The application also sought an ability for members, despite the terms of rules 10, 11 and 12 of the respondent’s Rules, to attend any General Meetings of the respondent by remote video conference and to also vote in that manner. Further, in this respect, in relation to meetings, the application also sought a waiver of the requirement for a two thirds majority of members to vote in support of dissolution of the Association under r 22 - Dissolution, and for any vote in support to be based on a simple majority.

5         Having formed the view that an order should be made, I now issue minutes of proposed order.