ORDER PURSUANT TO S.66 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION CITATION : 2026 WAIRC 00115 CORAM :Chief Commissioner S J Kenner HEARD : Monday, 22 SEPTEMBER 2025 DELIVERED : FRIDay, 27 February 2026 FILE NO. : PRES 10 OF 2024 BETWEEN : Romina Raschilla APPLICANT AND Mark Olson FIRST RESPONDENT AUSTRALIAN NURSING FEDERATION INDUSTRIAL UNION OF WORKERS PERTH SECOND RESPONDENT THE REGISTRAR, WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION INTERVENOR Catchwords : Industrial Law (WA) – Organisations – Rules – s 66 Industrial Relations Act 1979 (WA) – Observance and non‑observance of rules – s 66(2) – Appointment to office as Secretary – Casual vacancy – Validity of appointment – Non-observance of rules – Alleged invalid appointment – – Challenge to membership eligibility – Appointee did not meet eligibility requirement of continuous financial member – Appointment to casual vacancy invalid – Declaration and orders made Legislation : Industrial Relations Act 1979 (WA) s 66, s 66(1)(a) Result : Declaration and Order issued Representation: Applicant Mr D Rafferty of counsel and with him Ms L Fraser Hardy of counsel First Respondent In person Second Respondent Mr D Rafferty of counsel and with him Ms L Fraser Hardy of counsel Intervenor Mr J Carroll of counsel Case(s) referred to in reasons: Crowe-Maxwell v Frost [2016] NSWCA 46; (2016) 91 NSWLR 414 Hawksford v Hawksford [2005] NSWSC 463; (2005) 191 FLR 173 Jones v Civil Service Association of Western Australia Incorporated [2003] WAIRC 08153; (2003) 83 WAIG 1152 Quasar Resources Pty Ltd v APG Aus No 3 Pty Ltd [2023] WASCA 171 Raschilla & Ors v Australian Nursing Federation Industrial Union of Workers Perth [2024] WAIRC 00900 Raschilla v Olson & Ors [2024] WAIRC 00887; (2024) 104 WAIG 2379 Sancho Bakery Pty Ltd (in Liquidation) v Durolek [2024] WASC 81 Stacey v Civil Service Association of Western Australia (Incorporated) [2007] WAIRC 00568; (2007) 87 WAIG 1229 === REASONS FOR DECISION === [Background] ¶1 These proceedings have a considerable history. They are part of a number of matters that have come before me under s 66 of the Industrial Relations Act 1979 (WA) concerning the operations of the Australian Nursing Federation Industrial Union of Workers Perth and its senior officers. These proceedings deal with applications for final relief arising from my decision delivered on 10 October 2024 in Raschilla v Olson & Ors [2024] WAIRC 00887; (2024) 104 WAIG 2379, when on 11 October 2024, I made interim orders ([2024] WAIRC 00897; (2024) 104 WAIG 2393), relevantly, in the following terms: > (1) THAT Mr Mark Olson be removed from the office of Secretary of the Australian Nursing Federation, Industrial Union of Workers Perth until further order of this Commission. > (2) THAT the Council of the Australian Nursing Federation, Industrial Union of Workers Perth is able to fill the casual vacancy in the office of Secretary created by order (1) above by appointing an eligible member, other than Mr Mark Olson, to the casual vacancy under rule 24 of its registered rules, however, the term of any such appointment must be subject to any further order of this Commission. … I made the interim orders set out above having reached the view that there was a prima facie case that the first respondent, Mr Olson, was not validly appointed by the Council of the second respondent, the ANF, to the position of Secretary of the union on 30 August 2024, to fill a casual vacancy arising from the resignation of the incumbent Secretary Ms Reah, on the same day. I was satisfied that the balance of convenience supported the making of the interim orders. The background to the interim order proceedings was set out by me at [3]-[6] of my reasons, and is relevant to the final relief sought, and I set it out as follows: > [3] The evidentiary material filed in these proceedings was substantial, with the affidavits in support of and in opposition to the interim orders sought, running to some 744 pages of material. Whilst I have considered all of the affidavit evidence, given the nature of the present proceedings, and the relative urgency of the matter, what follows is a summary of the essential features of that evidence. > [4] Ms Raschilla was elected as a Vice President and as a Council member, following the election of senior officers and half of the Council members, the results of which were declared on 17 October 2022. Ms Reah was at that time elected as the Secretary of the ANF. Both Ms Raschilla and Ms Reah were elected for a four year term. > [5] Prior to this election, on 11 August 2022, the Registrar received correspondence from the ANF, to the effect that Mr Olson had resigned as the Secretary of the ANF on 28 July 2022 and Ms Reah had been appointed to fill the casual vacancy as the Secretary. At about the same time, Mr Olson was appointed to the position of Chief Executive Officer of the ANF. He subsequently resigned from this position in January 2023 and he appeared (at least initially) to cease duties in that position in about mid-July 2023. Since about late September 2023 or early October 2023, Mr Olson commenced performing casual work for the ANF, until about late July 2024. > [6] In July 2024, a further election was held for offices in the ANF for the office of President, three Executive members and the other half of the Council. On 27 August 2024, the result of that election was declared. On 30 August 2024, the Secretary of the ANF, Ms Reah, resigned effective immediately. At an urgent Council meeting of the ANF held on the evening of 30 August 2024, the resignation of Ms Reah was accepted and Mr Olson was appointed by the Council to the office of Secretary, by the filling of a casual vacancy. This appointment was confirmed in a letter from the ANF to the Registrar dated 2 September 2024. > [7] As the factual background from 2022 is quite complex, based on Ms Pontifex’s affidavit, the Registrar provided a chronology of relevant factual matters which was annexed to her written submissions. The chronology provided a summary of relevant events from April 2022 to the most recent events in September 2024, in table form. The chronology is in date order, from the most recent events. For the purposes of understanding the submissions made, in the context of the relevant factual history, the chronology annexed to the Registrar’s written submissions will be annexed to these reasons for decision. Given the factual background is complex, I again annex the chronology referred to at [7] immediately above, with a modified layout to remove reference to the affidavit evidence led by the Registrar in the interim order proceedings, to avoid any confusion. [Applications for final relief] I am satisfied that Ms Raschilla continued to have standing to bring these proceedings under s 66(1)(a) of the Act, as a financial member of the ANF. In accordance with directions made by me in these proceedings in early 2025, Ms Raschilla and the ANF sought the following final orders: > (1) That Mr Mark Olson was ineligible to be nominated for, appointed to or hold the office of Secretary of The Australian Nursing Federation, Industrial Union of Workers Perth and his purported appointment on 30 August 2024 to the office of Secretary of The Australian Nursing Federation, Industrial Union of Workers Perth was invalid. > (2) Mr Olson is removed from the office of Secretary of The Australian Nursing Federation, Industrial Union of Workers Perth. > (3) The appointment of Ms Raschilla, in accordance with the Rules of the[sic] The Australian Nursing Federation, Industrial Union of Workers Perth, to the vacant office of Secretary of The Australian Nursing Federation, Industrial Union of Workers Perth on Monday 14 October 2024 is confirmed and she is to remain in office until the expiry of the remaining term. ¶2 Mr Olson’s proposed final orders were in the following terms: > Mr Mark Olson, who was removed from office by interim order of the Commission dated 11 October 2024, and who voluntarily changed his membership status on 11 November 2024 from Full Member to Retired Member, is no longer eligible to be returned to the position of Secretary or to any other elected office within the Australian Nursing Federation, Industrial Union of Workers Perth. > That at present, only three of the nine positions on the Executive Management Committee of the Australian Nursing Federation, Industrial Union of Workers Perth have been filled by election and given the importance of democratic legitimacy in the governance of registered organisations, this situation warrants rectification through properly conducted elections. > And orders: > 1. That the Australian Nursing Federation, Industrial Union of Workers Perth is to hold an election in accordance with its Rules to fill the vacant office of Secretary. > 2. That the Australian Nursing Federation, Industrial Union of Workers Perth is to conduct an election to fill the currently vacant elected offices of: President Vice President Executive Committee Member > 3. That the Australian Nursing Federation, Industrial Union of Workers Perth is to also conduct elections for the offices of: Senior Vice President Vice President > which have been filled by appointment since the interim removal of Mr Olson from the office of Secretary. ¶3 Finally, the Registrar sought the following declaration and orders: > 1. It is declared that the purported appointment of Mr Mark Olson to the office of Secretary of The Australian Nursing Federation, Industrial Union of Workers Perth (ANF) on 30 August 2024 was invalid. > 2. Mr Olson is removed from the office of Secretary of the ANF. > 3. The ANF is to hold an election in accordance with its Rules to fill the vacant office of Secretary. For the purposes of these final order proceedings, it was the submission of the ANF that it no longer maintained its earlier position it adopted in the interim order proceedings, that Mr Olson was eligible to be appointed by the Council of the ANF to the position of Secretary, arising from the resignation of Ms Reah. The ANF conceded that based on the evidence adduced in the affidavit of Ms Botha filed in these proceedings, which I set out below, that Mr Olson was not eligible to be appointed to the casual vacancy of Secretary of the ANF. ¶4 Additionally, Mr Olson informed me in his submissions, that as a result of a change to his membership status to that of ‘Honorary Member’ on 11 November 2024, in accordance with r 4(2) of the ANF’s Rules, he is no longer eligible for election to office in the union and did not seek a return to the position of Secretary. [Relevant rules] As I will be referring to several rules of the ANF for the purposes of these final order reasons, it is convenient that I set them out now. The first is r 4 - Membership which is as follows: > 4 - MEMBERSHIP > Membership of the Union shall be open to all persons who fall within the categories set out in sub-rules (1) and (2) below: > (1) (a) A member shall be a person who is an employee within the meaning of the Act: > (i) employed in the profession or industry of nursing and being registered or entitled to be registered with the Nurses Board of WA; or > (ii) a student nurse training in a school for nurses registered with the Nurses Board of Western Australia, or persons who have left their training schools after having completed the prescribed period of training in Western Australia and who intend to sit for examinations arranged by the Nurses Board until such persons are entitled to be registered as nurses. > (b) A person who has been appointed to a paid position as an employee of the union and who by virtue of such appointment is not eligible to be a member of any other registered organisation pursuant to the Act whether or not such person is entitled to be registered as aforesaid. ¶5 (2) Honorary members who shall not be entitled to take any part in any elections or to vote on any matter. > (i) who have left the profession or industry of nursing, or > (ii) Providing that no form of honorary membership shall be open to such persons who come within the definition of "employer" within the meaning of the Industrial Relations Act 1979 as amended, > (iii) who have had conferred upon them by the Council the title of "Distinguished Honorary Member" for distinguished service in or for the nursing profession. Not more than three persons shall be accorded this category of membership in any year. > Providing that no form of honorary membership shall be open to such persons who come within the definition of "employer" within the meaning of the Industrial Relations Act 1979 as amended. ¶6 (3) A Member who has ceased to be an "employee" in the profession or industry of nursing shall not be entitled to retain membership under the provisions of sub rule (1) of this Rule and the Council may terminate the membership of any such member upon written advice to the member of its intention so to do. ¶7 How a person’s membership of the ANF may cease is dealt with in r 9 - Termination of Membership. Rule 9(1) is as follows: > (1) A member shall cease to be a member when: > (a) he or she is expelled for a breach of these rules, or > (b) the period of notice of intention to resign (unless previously withdrawn) has expired, or > (c) he or she is unfinancial for a period of more than three months, or > (d) being eligible for membership solely because he or she was appointed to a paid position as an employee of the Union and is no longer so eligible, or > (e) he or she dies. ¶8 The Qualifications for election to office in the ANF is dealt with in r 19 - Qualification For Office And Nominations. Rule 19(2) states: ¶9 (2) A candidate for election to the office of Secretary shall have been a financial member of the Union for a period of two years immediately preceding the date of nomination for office, providing that where such a candidate has been a financial member of a nursing organisation in another state, and such membership was transferred to the Union under the provisions of Rule 8 of these Rules, one year's financial membership of the Union since the date of transfer shall suffice. ¶10 Finally, as to casual vacancies in office occurring within the ANF, this is dealt with in r 24 - Casual Vacancies. It relevantly states: > 24 - CASUAL VACANCIES ¶11 (1) Where any casual vacancy occurs in any elected office of the Union and the unexpired part of the term of the office does not exceed: ¶12 (a) 12 months; or ¶13 (b) three quarters of the term of the office, whichever is the greater, the Council may fill that casual vacancy by appointing thereto a person who is eligible to nominate for and hold the office in question. ¶14 … ¶15 (7) In this Rule the expression 'term', in relation to an office, means the total period for which the last person elected to the office by an election (other than an election to fill a casual vacancy in the office) was entitled by virtue of that election to hold the office without being re-elected. ¶16 For the purposes of the disposition of these proceedings, I adopt and apply the conclusion I reached in the interim order proceedings in relation to the terms of rr 19(2) and 24(1)(b) when read together. At [25] of my reasons of 10 October 2024, I said: > [25] Reading rules 19(2) and 24(1)(b) together, it is clear that the Council may only appoint a person to a casual vacancy as Secretary of the union, if the person has ‘been a financial member of the Union for a period of two years immediately preceding the date of nomination for office’. In my view, reading the Rules sensibly, in the case of an appointment to a casual vacancy under r 24(1)(b), the words ‘preceding the date of nomination for office’, in s 19(2) should be read as ‘preceding the date of appointment to the casual vacancy’ in question. In this case, that means Mr Olson must have been eligible to be a member of the ANF for two years immediately preceding the date of his appointment to the casual vacancy on 30 August 2024. The above issue is a crucial issue to be finally determined. In the event that I am satisfied on the evidence adduced in these proceedings that Mr Olson was not eligible to be a member of the ANF in the two year period immediately preceding the date of his purported appointment to the casual vacancy of Secretary on 30 August 2024, then the final orders sought should be made. ¶17 There are subsets in the argument in relation to the issue of eligibility of Mr Olson for membership of the ANF over the two year period preceding the purported date of appointment of Mr Olson to the casual vacancy of Secretary on 30 August 2024. These were initially considered by me in my interim order reasons and are referred to below, when dealing with the contentions of the parties in support of final relief. ¶18 I will analyse these issues in light of the evidence adduced in the proceedings, which I turn to consider now. [The evidence] ¶19 Affidavit evidence was filed by Ms Botha, the Office and Membership Manager of the ANF and also by Ms Raschilla, the Secretary of the union. Neither Mr Olson nor the Registrar put on any evidence in these proceedings. Also, neither deponent was required for cross-examination. Accordingly, unless I find the evidence of Ms Botha or Ms Raschilla to be inherently incredible, or otherwise unreliable, which I do not, then I should accept their evidence. [Ms Botha] ¶20 Ms Botha has been employed by the ANF since September 2020. He commenced as a graduate and was appointed to the position of Office Manager in May 2022. In this position, Ms Botha is responsible for payroll, accounts and payments, membership, induction of new employees and asset management. In this position, Ms Botha has access to the ANF payroll system, work related emails and documentary records. This included access to the email accounts of Ms Reah the ANF’s former Secretary, and Mr Olson, as employees of the ANF. Ms Botha’s evidence largely concerned relevant payroll records relating to Mr Olson, minutes of Council meetings and resolutions, and correspondence passing between senior officers of the ANF, including Ms Reah and Mr Olson. ¶21 From Ms Botha’s evidence, the following key points emerged: ¶22 (a) On 15 July 2022 the Council of the ANF resolved that if Mr Olson (the then Secretary of the Union) resigned prior to 29 September 2022 then Ms Reah would be appointed as the Secretary (see annexure RB5 to Ms Botha’s affidavit). This followed the appointment by the ANF Council of Ms Reah as the ‘Assistant Secretary’ on 20 May 2022 (see annexure RB4 to Ms Botha’s affidavit); ¶23 (b) On 28 July 2022 by letter of the same date to the President of the ANF, Mr Olson resigned from his position as Secretary (see annexure RB6 to Ms Botha’s affidavit); ¶24 (c) On the same day 28 July 2022, Mr Olson was offered, and he accepted, the position of Chief Executive Officer of the ANF for a period of two years, by way of a letter from the President of the ANF. Somewhat oddly, the letter of offer specified the commencement date of the position as CEO as being 1 May 2022, whilst Mr Olson was still the Secretary of the union (see annexure RB7 to Ms Botha’s affidavit); ¶25 (d) At its meeting on 12 August 2022, the ANF Council minutes recorded the resignation of Mr Olson as the Secretary of the union on 28 July 2022 and the appointment of Ms Reah to the casual vacancy of Secretary on 29 July 2022 (see annexure RB8 to Ms Botha’s affidavit); ¶26 (e) On 20 January 2023 the Council of the ANF agreed to a request from Mr Olson to conclude his contract as the CEO on or before 12 July 2023 with the payment to him of all of his accrued entitlements (see annexure RB9 to Ms Botha’s affidavit); ¶27 (f) On 30 March 2023 the ANF Council authorised the appointment of a new CEO, Mr Leeder, with a transitional period of 28 April 2023 to 12 July 2023 for a handover (see annexure RB10 to Ms Botha’s affidavit); ¶28 (g) On 9 June 2023 the ‘transitional period’ was extended by the Council of the ANF until 6 September 2023, with Mr Olson concluding his contract as CEO of the Union on that date or earlier (see annexure RB11 to Ms Botha’s affidavit); ¶29 (h) By letter dated 6 September 2023 to the Secretary of the ANF, Ms Reah, Mr Olson resigned from the position as CEO, effective on that date (see annexure RB12 to Ms Botha’s affidavit). Mr Olson was paid out all of his entitlements on the same date (see annexure RB13 to Ms Botha’s affidavit); ¶30 (i) On 4 October 2023 the Secretary of the ANF Ms Reah, approved a time sheet reflecting casual work performed by Mr Olson for the ANF commencing on 18 September 2023 to 30 September 2023 at the rate of pay at ‘Group 2 Senior Industrial Officer Level 2’ (see annexures RB15 and RB16 to Ms Botha’s affidavit); ¶31 (j) From timesheets, payslips, bank transfer records and email correspondence between Mr Olson and Ms Reah and others, Mr Olson performed casual work for the ANF until on or about 22 July 2024 (see annexures RB27-31, RB32, RB34, RB35 and RB39 to Ms Botha’s affidavit); ¶32 (k) Over the period of his casual employment, from the timesheets completed by Mr Olson, he was engaged on various administrative tasks for the ANF (see annexures RB15 and RB18 to Ms Botha’s affidavit); ¶33 (l) By letter of 30 August 2024 to the President of the ANF, Ms Reah resigned her position as the Secretary of the union, effective immediately (see annexure RB36 to Ms Botha’s affidavit); and ¶34 (m) The Council of the ANF, on 30 August 2024 ‘accepted’ Ms Reah’s resignation as Secretary and purported to appoint Mr Olson to fill the casual vacancy, with such appointment to run until 29 September 2026 (see annexure RB37 to Ms Botha’s affidavit). [Ms Raschilla] Ms Raschilla was appointed to fill the casual vacancy of Secretary of the ANF on 14 October 2024, following my interim order. Ms Raschilla gave evidence as to the general services provided by the ANF to its members. She testified that nurses are not employed by the ANF to provide healthcare and advice and nor is the union a healthcare provider. Ms Raschilla described her general responsibilities as Secretary of the union and in particular, referred to a number of initiatives she has implemented since assuming office, including those at par 12 of her affidavit as follows: > 12.1. Cancelled the contract for the provision of legal services (including legal services for members) by Belinda Burke Legal ("BBL"). The cancellation of this contract resulted in an immediate saving of approximately $2.5 million per year. Provision of legal services are now provided by Slater & Gordon, and Eureka. > 12.2. Employed forensic accountants to conduct an in-depth audit of its finances. > 12.3. Accountant conducted an in-depth audit of the finances of the holiday units. I was told that the holiday units ran at a $1 million loss for the previous 12 months. > 12.3.1. I have made each group of holiday units a separate cost centre with a single account for each group that clearly records revenue and expenditure. > 12.3.2. Previously the finances of the holiday units were intermingled with other Union revenue and expenditure. > 12.4. I have initiated significant changes to management of the holiday units. > 12.4.1. Outsourced the management and running of the holiday units to Contessi Kalbarri and Jo McLarty from River Hotel for the Kalbarri and Margaret River units respectively. > 12.4.2. A new booking system including greater accommodation availability and flexibility (previously members could only book in 3 or 4- or 7-day blocks and check in or out on specific days); > 12.4.3. Qualified cleaners are now employed with members not required to clean accommodation. This had been a major source of complaint by members - cleaning equipment (eg mops and bucket) and cleaning products were not provided or available. > 12.4.4. Introducing an asset register of all equipment (TVs, white goods), furniture and fittings. > 12.4.5. Freeing up of 3 units that had been used exclusively for storage. > 12.4.6. With these changes I anticipate that the units will at least, break even within 12 months and provide a better accommodation experience for ANF members. Previously members had complained about the withholding of bond and ANF banning members from the units if complaints were made about the accommodation. > 12.5. Upskilling and off-site industrial and negotiating training was provided by the Australian Trade Union Institute to the ANF Industrial Officers. This training was paid for by the ANF. Also, an experienced 10 was employed to mentor, provide ongoing training and up-skill the existing 10 team. > 12.6. ANF Helpline is now "live" instead of the previous booking system. > 12.7. I am in the process of introducing COMPASS - Pointing you in the right direction. This is a free service to members that provides CV/resume drafting skills and assistance in drafting them; how to address selection criteria; and coaching on interview techniques. > 12.8. I have obtained Council approval for multiple educational scholarships for members. > 12.9. Settled several ongoing legal actions including a defamation action commenced by Ramsay Health Care in the Federal Court. > 12.10. Balloted members regarding establishing a fully ANF funded political party. Members rejected this by 63.35%. > 12.11. Insurance premiums increased due to federal Court action and 5 workers compensation claims from February 2019 to February 2025 where the ANF paid out $277,315.62 > 12.12. I am implementing an annual budget process and procedure to be approved by Council that will encapsulate the strategic vision for the ANF. Previously there was no annual budget approved by Council. Expenditure was done on an ad-hoc basis. Ms Raschilla’s evidence also referred to work that she has undertaken in relation to enterprise bargaining negotiations. Reference was also made to the union’s membership record and a need to upgrade it. In particular, Ms Raschilla referred to irregularities in the Roll of Members of the union and the need for a full audit of the member register. Ms Raschilla also referred to positive feedback she has received from members of the union as to the various initiatives that she has implemented since taking office as the Secretary. Ms Raschilla testified that the Council is now informed of relevant information regarding the conduct of the union. She also referred to the role of the Council of the union as being more of a policy making body, with broad oversight of the operations of the union, with the administrative responsibility in relation to the union’s affairs being the province of the union Executive. ¶35 Ms Raschilla did not consider that the conduct of an early election would be in the best interests of the membership, as it would be unnecessarily disruptive. ¶36 As to both Ms Botha’s evidence and Ms Raschilla’s evidence, I find accordingly. [Contentions of the parties] ¶37 Ms Raschilla and the ANF submitted that Mr Olson was not eligible to be appointed the Secretary of the union by the Council on 30 August 2024. This was on the basis that Mr Olson had not been a financial member of the ANF for two years immediately prior to his purported appointment. As to eligibility under 19(2) of the Rules, Ms Raschilla and the ANF contended that consistent with my reasons in Raschilla v Olson & Ors at [25] and [69]-[70], this must mean that Mr Olson was required to be both eligible to be a member and also a financial member, continuously over the two year period. ¶38 In relation to this threshold issue, Ms Raschilla and the ANF maintained that there were five reasons why, taken both individually and cumulatively, that Mr Olson did not satisfy this requirement. The first point raised was that when Mr Olson’s appointment as the ANF CEO ended on or about 6 September 2023, at the same time, and consequently, his membership of the union also ceased. This had the effect of severing the continuity of his membership, because of the self-executing effect of r 9(1)(d) of the ANF Rules. In this respect, reference was made to my decision in Raschilla v Olson & Ors at [72]. ¶39 The second point advanced by Ms Raschilla and the ANF in this connection, was that over the two year period leading up to his purported appointment as the Secretary, there were two separate periods comprising a total of seven weeks, during which Mr Olson was not employed by the ANF and which broke his continuity of service. The time of these two periods was 7 September 2023 to 17 September 2023, being the time from when Mr Olson resigned as the union CEO to when he commenced performing casual work for the union. ¶40 The second of the periods was from 22 July 2024 to 30 August 2024, being the time from the cessation of Mr Olson’s casual employment with the union to him taking up his purported appointment as Secretary, to fill the casual vacancy left by the resignation of Ms Reah. In this respect, Ms Raschilla and the ANF referred to my observations as to this matter in Raschilla v Olson & Ors at [73]. During the latter period, on 22 July 2024, when he ceased casual employment, Ms Raschilla and the ANF also contended that the self-executing rule in r 9(1)(d) of the ANF Rules, operated to sever any continuity of Mr Olson’s membership. ¶41 A third point advanced by Ms Raschilla and the ANF was that over the two periods referred to above, there was no evidence led before the Commission, that Mr Olson was employed ‘in the profession or industry of nursing’, such that he may have qualified for membership separately, under the union’s eligibility rule in r 4(1)(a)(i) of its Rules. Ms Raschilla and the ANF point to the observations I made in my earlier decision in Raschilla v Olson & Ors, to the effect that there was no evidence led by Mr Olson in relation to this issue in the interim order proceedings. They submitted this could have been, but was not, rectified by Mr Olson in these final order proceedings. ¶42 Similarly, and as a fourth point, Ms Raschilla and the ANF also contended that in the intervening period from 18 September 2023 to 22 July 2024, there was no evidence adduced by Mr Olson that he was employed in the profession or industry of nursing, for the purposes of r 4(1)(a)(i) of the Rules, as a matter of eligibility for membership. This was Mr Olson’s period of casual employment with the ANF. It was contended that based on the affidavit evidence of Ms Botha, outlined above, the work undertaken by Mr Olson during this period of casual employment for the ANF, could not be described as work in the profession or industry of nursing, as the ANF is an industrial organisation registered under the Act, the principal purpose of which is to promote and protect the industrial interests of its members who are employed in the profession or industry of nursing. Additionally, in reliance on the affidavit of Ms Raschilla, reference was made to the fact that the union is not a health care provider and does not employ nurses who provide health care or advice services to patients. ¶43 Accordingly, the submission was that Mr Olson was not eligible to be a member under r 4(1)(a)(i) of the ANF Rules in relation to the period of time over which he performed casual work for the union, and Ms Raschilla and the ANF referred to my observations in Raschilla v Olson & Ors at [67] in relation to this issue, and additionally, my reasons in Raschilla & Ors v Australian Nursing Federation Industrial Union of Workers Perth [2024] WAIRC 00900 at [48]-[50]. ¶44 The final point relied upon by Ms Raschilla and the ANF in respect of these issues, was the exclusion rule in r 4(1)(b), to the effect that undertaking the casual employment that he did, Mr Olson’s work was properly described as ‘clerical work’ giving rise to eligibility as a member of the Western Australian Services Union, in accordance with its membership rule. In this respect, reference was made to my observations in Raschilla & Ors v Australian Nursing Federation Industrial Union of Workers Perth at [73]-[79]. ¶45 As to whether there ought be an early election ordered, Ms Raschilla and the ANF contended that Ms Raschilla should be able to serve out her present term of office which runs until 29 September 2026, in accordance with r 17(3) of the ANF Rules. Given the evidence of Ms Raschilla as to the initiatives that she has undertaken as the Secretary of the union to date, and the significant improvements that have occurred, it was submitted that it would be a waste of resources for there to be an early election, given that the operations of the ANF are now ‘back on track’, as being a principal purpose of orders made under s 66 of the Act: Stacey v Civil Service Association of Western Australia (Incorporated) [2007] WAIRC 00568; (2007) 87 WAIG 1229. It was submitted that continuity of administration and the preservation of the status quo are important matters to take into account: Jones v Civil Service Association of Western Australia Incorporated [2003] WAIRC 08153; (2003) 83 WAIG 1152. ¶46 The Registrar made similar submissions in support of final orders. She referred to the relevant rules that I considered in some detail in Raschilla v Olson & Ors and also the evidence adduced from both Ms Botha and Ms Raschilla. The Registrar referred to the established gaps in Mr Olson’s employment with the union over the periods 7 September 2023 to 17 September 2023 and 22 July 2024 to 30 August 2024, when Mr Olson was not employed in any capacity by the union. ¶47 Furthermore, the Registrar also referred to Mr Olson’s engagement as a casual employee over the period 18 September 2023 to 22 July 2024, which did not render Mr Olson eligible to be a member of the union by the operation of r 4(1)(a)(i): Raschilla & Ors v Australian Nursing Federation Industrial Union of Workers Perth at [48]-[50]. It was also submitted by the Registrar that Mr Olson was arguably ineligible to be a member over this period under r 4(1)(b) of the ANF Rules, by reason of his eligibility to be a member of the WASU. It was noted by the Registrar that it was open to Mr Olson to adduce evidence in these final order proceedings, to establish that he was eligible to be a member of the union during the relevant periods in dispute, but he did not do so. This follows my observations to a similar effect in the interim order proceedings. As to this matter, the Registrar referred to the principle in Hawksford v Hawksford [2005] NSWSC 463; (2005) 191 FLR 173 per Campbell J at [54] (cited and applied in Crowe-Maxwell v Frost [2016] NSWCA 46; (2016) 91 NSWLR 414 per Beazley P at [89]-[90]; MacFarlan and Gleeson JJA agreeing). In Hawksford, Campbell J said (citations omitted): > The distinction between an onus of proof and an onus of adducing evidence is of particular relevance in the present situation. Where party A has the legal onus of proving a negative proposition, and relevant facts are peculiarly in the knowledge of party B or where party B has the greater means to produce evidence relating to those facts, then provided party A establishes sufficient evidence from which the negative proposition may be inferred, party B then comes under an evidential burden, or an onus of adducing evidence. It was submitted that this principle has been adopted and applied by the Supreme Court of Western Australia in Sancho Bakery Pty Ltd (in Liquidation) v Durolek [2024] WASC 81 per Tottle J at [164] and in Quasar Resources Pty Ltd v APG Aus No 3 Pty Ltd [2023] WASCA 171 per Lundberg J at [309]-[320]. ¶48 The Registrar contended that in this case, Ms Raschilla has the onus of establishing that Mr Olson was not eligible to be appointed to the casual vacancy of Secretary of the ANF. As both the Registrar and the ANF also sought and supported the making of final orders sought by Ms Raschilla, the Registrar submitted that as a practical matter, that onus of proof also applied to them. ¶49 What this meant, on the Registrar’s submissions, was that these parties were required to establish that Mr Olson was ineligible to be a member of the ANF at any time in the two years immediately prior to his purported appointment to the casual vacancy as Secretary. This in turn required it to be established that at any time over that two year period, Mr Olson was neither employed in the profession or industry of nursing (and did not have such a status) and nor was he appointed to a paid position as an employee of the union, which did not render him eligible to be a member of any other registered organisation. ¶50 It was submitted that the ANF could establish the second of these two propositions, however, Ms Raschilla, the ANF and the Registrar did not have the means to be able to prove the first of these negative propositions. It was submitted that Mr Olson however, if he was employed in the profession or industry of nursing during the relevant periods of time, plainly would have the means to prove it. ¶51 It was therefore submitted, in applying the above principles, in circumstances where evidence adduced by the ANF and Ms Raschilla established clear gaps in Mr Olson’s employment history over the relevant period; that there was no other evidence before me to establish that Mr Olson had other employment, or had the usual status of an employee in the profession or industry of nursing over that period; and Mr Olson had adduced no evidence; that I could be satisfied that Ms Raschilla, the ANF and the Registrar had established the negative propositions set out above, and the onus of proof had been discharged. I accept this to be so. ¶52 Thus, it was submitted that I could be satisfied that for the purposes of his purported appointment as Secretary of the ANF on 30 August 2024, Mr Olson did not meet the required eligibility criteria for that appointment, as he was ineligible to be a member of the union for the entire two year period immediately prior to that date. Accordingly, the appointment of Mr Olson to the casual vacancy of Secretary was invalid and I should make a declaration to that effect. ¶53 As to whether there ought be an early election, the Registrar conceded that given the lapse of time, there was a diminishing utility, and potentially a waste of resources, for me to order an early election prior to the next scheduled date for elections to be held in accordance with the Rules of the ANF. [Consideration] Based upon my findings on the evidence led in these proceedings, I have reached a number of final conclusions. First, I am satisfied that the effect of the cessation of Mr Olson’s employment as the CEO of the ANF on 6 September 2023, had the effect under the ANF Rules properly construed, of terminating Mr Olson’s membership at that time. I have set out the terms of r 9(1) of the ANF Rules above. I considered the terms of this particular rule in the interim order proceedings in Raschilla v Olson & Ors and I observed at [72] as follows: > As to the r 9(1)(d) point, I consider there is a serious issue to be determined as to whether, as on Mr Olson’s case, coming into the ANF initially as a member under r 4(1)(a)(i), as a nurse, means that forever after, regardless of what employment occurs subsequently, r 4(1)(a)(i) can only apply and r 4(1)(b) can never apply. That is the import of Mr Olson’s submissions. The Registrar contended that this would require reading words into r 9(1)(d), that do not exist, such as a qualification to reflect something along the lines that ‘in the course of a member’s entire period of membership of the ANF, the member was eligible for membership solely because …’. It is important to observe that whilst r 4(3) contemplates a process of giving notice to a member, r 9(1)(d) is self-executing. If the facts satisfy r 9(1)(d), as with the rest of r 9(1), the person ceases to be a member. Nothing further is required. This and the above issues, involve substantive questions of construction that require to be determined. I affirm and adopt the above as to the operation and effect of r 9(1)(d), as a self-executing rule. On the occurrence of the relevant event, no further steps are necessary in order for a person’s membership of the ANF to cease. Implicitly, whilst the argument was not repeated in these proceedings, the proposition that a person joining the ANF initially as a nurse member under r 4(1)(a)(i) remains ever so a member, cannot be accepted. ¶54 Second, in the subsequent period from 7 September 2023 to 30 August 2024, on the evidence I am satisfied that there were two clear breaks in Mr Olson’s employment with the ANF. On the evidence of Ms Botha, which I accept, those periods where there was a break in employment of Mr Olson by the ANF were the periods 7 September 2023 to 17 September 2023 and 22 July 2024 to 30 August 2024. In both cases, the self-executing rule in r 9(1)(d) had effect. Furthermore, as I have observed above, the negative proposition that Mr Olson was not otherwise engaged in the profession or industry of nursing over these periods, given that he led no evidence to the contrary, despite it being within his capacity to do so, is established, applying the principle in Hawksford. ¶55 Therefore, in its totality, Mr Olson did not, on the evidence and the findings upon that evidence which I have made, have continuity of service as a financial member of the ANF over the two year period immediately prior to his purported appointment to the casual vacancy of Secretary on 30 August 2024. Additionally, for the reasons that I expressed in Raschilla v Olson & Ors at [25], referred to at [15] above, ‘financial member’ of the ANF means, as required by the combined effect of rr 19(2) and 24(1)(b) of the ANF Rules, not just that a person has paid membership dues for two years, but they have in addition, been eligible to be a member of the ANF for that entire period. Furthermore, over the period of the casual engagement of Mr Olson by the ANF, the evidence establishes that he performed a range of duties as set out in Ms Botha’s evidence to which I have referred above (see in particular annexures RB15 and RB18). In undertaking this work, Mr Olson was not engaged in the ‘profession or industry of nursing’ for the purposes of r 4(1)(a)(i) of the ANF Rules. As to this matter, in Raschilla & Ors v Australian Nursing Federation Industrial Union of Workers Perth, I discussed the meaning of ‘profession’ and ‘industry’ in the context of r 4(1)(a)(i) at [37]-[47], in response to arguments by the ANF in those proceedings that a person working for the union should be so described. In rejecting that view, I came to the following conclusions at [48]-[50]: > [48] In my view, for the purposes of r 4(1)(a)(i) of the respondent’s Rules, to be eligible for membership of the respondent, an employee must be professionally qualified as a nurse (in the description of ‘nurse’ in its ordinary and statutory sense as set out below) and be engaged in work involving the exercise of professional skill and judgement in the care and/or treatment of persons who are ill or injured, in the sense that the person is suffering a disturbance of the body or the mind, or those who are infirm. This does not, self-evidently need to be in a hospital. There are many other settings in which a nurse may exercise their professional skill and judgment in respect of those in their care. For example, a nurse working in a school, caring for ill or injured students, is doing so in a different kind of health care setting, in the profession or industry of nursing. > [49] As to the definition of a ‘nurse’, this has also been referred to for classification purposes in s 4 of the Public Health Act 2016 (WA). It now appears as s 113 in the Health Practitioner Regulation National Law 2009 (Qld) as adopted and applied in this State in the Health Practitioner Regulation National Law Application Act 2024 (WA). This includes the ‘protected title’ of ‘nurse, registered nurse, nurse practitioner, and enrolled nurse’. > [50] I do not consider a person, even one registered or entitled to be registered with AHPRA, but who works for the respondent, which is an industrial union of employees, is by that employment, thereby engaged in the profession or industry of nursing. It is what the person does, that is important in determining the industry of the employee. Registration or eligibility for registration by itself, is not sufficient. A person working for a union as an employed ‘industrial officer’, is engaged in the industry of trade unions and professional associations, which bodies’ principal purposes are to advance the industrial and professional interests of their members. Despite the various titles that Ms Reah had performing the various duties she did, in the period from February to July 2022, she was not engaged in the profession or industry of nursing in her work for the respondent. Subject to what I say below in relation to the casual pool at SJGH Midland, Ms Reah did not, though her employment with the respondent, engage in any work in the nature of caring for the injured, ill or infirm. I affirm and adopt my conclusions set out above for the purposes of these proceedings. As to the characterisation of this work undertaken by Mr Olson as a casual employee, as set out in Ms Botha’s affidavit, Mr Olson was in my opinion, performing work of a clerical nature. I refer to my views expressed in Raschilla & Ors v Australian Nursing Federation Industrial Union of Workers Perth at [73]-[79] where I observed: > [73] Consideration now needs to be given to the applicants’ argument regarding the exclusion in r 4(1)(b). This excludes those persons from membership, despite being employed by the respondent, if they are eligible to be a member of another State union. In this respect, as noted above, the applicants relied on the eligibility for membership rule of the WASU, at rule 5 - Eligibility for Membership. Relevantly, it provides as follows: ¶56 … ¶57 The Union shall also consist of: ¶58 a. persons, male or female, engaged in any clerical capacity, including telephonists, or in the occupation of shorthand writing or typing or calculating, billing or other machines designed to perform, or assist in performing any clerical work whatsoever within the State of Western Australia, but excepting that portion of the State within the 20th and 26th parallels of latitude and the 125th and the 129th meridians of longitude. ¶59 b. provided that no person shall be a member who is not an employee within the meaning of the “Industrial Relations Act, 1979”. ¶60 … > [74] As noted earlier, the contention of the applicants was that the work Ms Reah performed in her ‘industrial officer’ role, and as Assistant Secretary, was ‘clerical work’ for the purposes of the above part of the WASU membership rule. > [75] It is well settled that in the interpretation of an organisation’s eligibility for membership rule, in cases of an occupation or vocational rule, which this part of the WASU rule is concerned with, the focus is on the work to be performed, in terms of the ‘major and substantial part of the employment’ or the ‘primary or principal purpose’ of the employment: Federated Engine Drivers and Fireman’s Union WA v Mt Newman Mining Co Pty Ltd (1977) 57 WAIG 794 per Burt CJ at [794]; Construction, Forestry, Mining and Energy Union and Australian Workers Union, WA Branch Industrial Union of Workers v Kemerton Silica Sand Pty Ltd (2005) 86 WAIG 571 per Kenner C at [12] - [20]; Construction, Forestry, Mining and Energy Union v CSBP Ltd [2012] FCAFC 48 at [44]; CFMMEU v Dulux Group (Australia) Pty Ltd [2022] FCAFC 101 at [37]. > [76] In Mt Newman Mining the matter in issue was the scope of the ‘engine driver rule’ in the eligibility for membership rule of the CFMEU. In determining this issue, Burt CJ observed at 794: ¶61 It was conceded that not every worker, who in doing the work which he is employed to do, drives an engine is an engine driver within the meaning of the eligibility rule of the appellant union…. The question in any particular case, is I think, whether the worker is employed to drive an engine so that he earns his wages by doing that, or whether he is employed to do something else. And if the answer is that he is employed to do something else, then he is not an engine driver merely because he operates a machine and drives the engine of that machine so as to do what he is employed to do’. > [77] Appositely, in Federated Clerks Union v Cary (1977) 57 WAIG 585, a case decided shortly before Mt Newman Mining, the Industrial Appeal Court considered, on appeal from the Industrial Magistrate’s Court, whether an Industrial Magistrate had correctly held that a person was classified as a ‘clerk’ for the purposes of the scope clause of the relevant award. In dismissing the appeal, and upholding the Industrial Magistrate’s conclusion that the person concerned was not a clerk, Burt CJ, adopted the same broad approach as was subsequently applied in Mt Newman Mining and said at 586: ¶62 The word "clerk" like so many English words of common and ancient usage lacks definition. Its meaning is very much controlled by context. One dictionary meaning—the Shorter Oxford Dictionary—is "a subordinate employed to make written entries, keep accounts, etc." and the appellant in very general terms accepts this to be the meaning of the word for the purposes of this award. The submission made to us by the appellant's counsel was that the dictionary definition which I have set out "is the proper definition of a clerk" and "that the common thread which runs through the function of 'clerk' is the recording of information". Having taken that position he freely conceded that "at some stage in the hierarchy of either business or government administration the function of the worker ceases to be that of clerk and he graduates into the realm of something else". ¶63 If that is right, and I see no reason for supposing that it is wrong, then one judges the question as it may arise in any particular case simply by finding as a fact what it is that the worker was employed to do and then deciding whether upon the facts so found he was employed to "make written entries, keep accounts" and other work of that character. Of course one has regard to the substantial nature of the employment in terms of the purpose to be achieved by it, the question being, I think, very much controlled by the difference, which is not always accepted by philosophers but which serves the purposes of practical men, between ends and means. If in substance the worker's job is to write and the job is done when the writing has been done he is a clerk, but if in substance the writing done by the worker is but a step taken in the doing by him of something extending beyond it then he is not. The "substance" of the work identifies the question as being one of degree and it indicates the answer to it will be, or may be, very much the product of a value judgment. > [78] At 587 Brinsden J observed: ¶64 The next question then is to consider what are the characteristics of the calling of clerk. In a New English Dictionary, Vol. 2, the history of the word is stated as follows:— ¶65 "The original sense was; (1) man in a religious order, cleric, clergyman;. As the scholarship of the middle ages was practically limited to the clergy, and these performed all the writing, notarial, and secretarial work of the time, the name "clerk" came to be equivalent to "scholar", recorder, accountant, or pen man. The last has now come to be the ordinary sense, all the others being either archaic, historical, formal, or contextual." ¶66 The current use of the word, therefore, according to this dictionary is as follows:— ¶67 (a) The officer who has charge of the records, correspondence, and accounts of any department, court, corporation, or society and superintends the general conduct of its business. ¶68 (b) One employed in a subordinate position in a public or private office, shop, warehouse, etc.; to make written entries, keep accounts, make fair copies of documents, do the mechanical work of correspondence and similar 'clerkly' work. ¶69 … ¶70 It is no doubt true that a person remains a clerk even though he may be obliged to exercise independent judgment and make decisions on his own initiative. Counsel for the appellant referred us to Federated Clerks Union of Australia. N.S.W. Branch v. Australian Workers' Union. Industrial Arbitration Service, 1971 p. 174 which supports the proposition that nowdays at least, a clerk though even in a subordinate position, may be called upon to exercise independent judgment and engage in decision making while still remaining a clerk. At p. 175 the Court remarked that an employee does not cease to be employed in a clerical capacity merely because his work includes many administrative and non-recording functions. Further, at the same page, the Court stated: "But the salient point is that for years clerical work has been regarded for industrial purposes as including more than mere recording and covers work of different kinds which no doubt leads to or results from recording but in fact is part of the general office administration system". > [79] In this case, the question to be asked and answered is whether Ms Reah, in undertaking the work she did for the respondent as a paid employee between February and 28 July 2022 inclusive, she was engaged to undertake ‘clerical work’, such that this was the major and substantive aspect of her work, or it was the primary or principal purpose of her employment. Ms Reah was cross examined at some length about aspects of her duties whilst in the ‘industrial officer’ role. In my view, on the evidence, the work performed by Mr Olson over the period of his casual employment from 18 September 2023 to 22 July 2024, was work of a substantially clerical nature. Much of Mr Olson’s work as described in the timesheets set out in Ms Botha’s evidence involved drafting of written correspondence and materials, payroll work, bookkeeping work and general administration in connection with the operation of the union. The fact that some independent judgment may be exercised does not take the work performed out of the realms of clerical work. ¶71 The circumstances of Mr Olson’s work whilst a casual employee of the union, can be contrasted with the conclusions that I reached in Raschilla & Ors v Australian Nursing Federation Industrial Union of Workers Perth, concerning the work performed by Ms Reah, both as an industrial officer and as the Assistant Secretary of the ANF. As to the former, I referred at [80]-[81] in my reasons in that case to the fact that aspects of Ms Reah’s work could be described as clerical, but I concluded that the major and substantive nature, in terms of the primary purpose of Ms Reah’s work could not be so described, especially when having regard to her work in relation to COVID-19 related matters for members and her engagement on specific union campaigns. In my view, on the facts of that case, when looked at in its totality, as with her work as the Assistant Secretary, the characterisation of her work performed went beyond work in a clerical capacity. ¶72 The work performed by Mr Olson as a casual employee was confined and limited to specific tasks, the substantial nature of which can be properly described as clerical. I am satisfied that the work performed over this period by Mr Olson as a casual employee, was work that fell within the eligibility for membership rule of the WASU as work performed ‘in any clerical capacity’. Accordingly, as a result of the operation of r 4(1)(b) of the ANF Rules, Mr Olson was also ineligible to be a member of the union over this period. ¶73 However, even if I am incorrect as to this basis of Mr Olson’s lack of membership eligibility, then the other bases upon which Mr Olson ceased to be a member of the ANF, and the periods of unemployment, served to break the necessary continuity of membership, as a prerequisite to qualifying for the casual vacancy as Secretary. ¶74 Given the foregoing findings of fact that I have made, read with the relevant ANF Rules, construed as I consider they should be, Mr Olson did not satisfy the qualification requirement for appointment to the casual vacancy of Secretary of the ANF when he was purportedly appointed by the ANF Council on 30 August 2024, having regard to the combined effect of rr 19(2) and 24(1)(b) of the ANF Rules. ¶75 Therefore, the purported appointment of Mr Olson by the ANF Council to the casual vacancy of Secretary of the ANF on 30 August 2024 was invalid. ¶76 As to the final question as to whether there should be an early election prior to the election timetable set out in r 20 of the ANF Rules, which specifies an election to be held between 1 July and 31 August this year, for the following reasons, which I can shortly state, I do not consider that such an order should be made. ¶77 I am in general agreement with the written submissions of Ms Raschilla and the ANF set out at [31]-[40] of their written outline of submissions. I think it is fair to say that on Ms Raschilla’s evidence, which was uncontradicted, that progress has been made in the introduction of reforms and improvements in relation to the operations of the ANF. I do not think it would be consistent with promoting stability in the organisation to bring forward the scheduled timetable for elections for office holders, given that the process is only some months away from commencing. I note also that the Registrar accepts that given the timing of these proceedings, the utility in holding an early election is substantially diminished. ¶78 A declaration and orders now issue. ¶79 ANNEXURE – Chronology of relevant factual matters Event 1 : Mr Olson holds a media conference after being reinstated as Secretary. 2 : Ms Reah resigns as Secretary. 3 : Mr Olson appointed Secretary as casual vacancy for the remainder of the term expiring 29 September 2026. 4 : Letter confirming offer of casual Employment as Registered Nurse at Peregrine Medical (no evidence of ever having worked any shift or been paid any salary or wages.) 5 : Mr Olson interview with 6PR Mornings where there is a discussion of work Mr Olson has done with the ANFIUWP after finishing up as CEO (past tense): “the last job I had, the last paid job, was on the Helpline for the last 6 months fixing it and making some changes and it was great.” 6 : Ms Reah informs Mr Olson that his casual engagement had ended and there are no more casual hours available and ‘you are no longer required to do any work for the ANF.’ 7 : Ms Reah removes Mr Olson’s access/privileges to Attache 8 : Date of approval of last / latest log of casual hours worked provided in discovery bundle (showing last date of casual hours being on 19 July 2024). 9 : Council meeting: Mr Olson moves a motion that is carried which restricts the Secretary from removing or suspending ANFIUWP staff without prior approval of the ANF Executive. (Agenda Item 14) 10 : Mr Olson hands over remaining jobs assigned to him except for the ATO 11 : Mr Olson emails Ms Reah asking to stay on for 4 more weeks to resolve ATO issue. Ms Reah agrees and indicates that any other remaining industrial matters are referred to the Helpline team. Mr Olson confirms he will send his casual hours at the end of each week. 12 : Mr Olson’s last Helpline Shift. 13 : Ms Reah emails Mr Olson and informs him he is relieved from Helpline duties with his last day to be 18 June 2024. Ms Reah identifies other areas he can assist with but Mr Olson declines by email and says once finished with Helpline he will finish with the ANF. 14 : Ms Fowler provides a current staffing profile to Ms Raschilla. Mr Olson does not appear on the list as being an employee as of that date. 15 : Mr Olson requests Ms Reah's approval for casual hours worked. 16 : Council meeting where Mr Olson is permitted to retain the use of work laptop and access to the ANF computer system 'so that he is able to assist the ANF staff when required and other miscellaneous details relating to his ANF possessions. (Agenda Item 8 - last item) 17 : Announcement to media of appointment of Jason Leeder as CEO. 18 : On 9 June 2023 ANF Council endorses executive decision to employ Mr Jason Leeder as CEO with handover period.Resolution that Council "agrees to the current CEO concluding his contract on 6 September 2023, or earlier if decided by the current CEO, and Council approves payout of all entitlements. 19 : Council meeting where Council agrees to request from Mr Olson to conclude contract as CEO on or before 12 July 2023 - date to be determined by the CEO - Council authorised to pay out all entitlements accrued by the CEO as at his final day of his employment. (Agenda Item 8) 20 : Ms Reah sends letter to the Registrar to inform there has been a change in Office of Secretary. Mr Olson resigned effective from 28 July 2022, and Ms Reah has been appointed from 28 July 2022. 21 : Mr Olson resigns as Secretary effective at 11PM, Thursday 28 July 2022. 22 : Ms Fowler confirms offer to Mr Olson of Chief Executive Officer of the ANFIUWP. The offer is a full-time fixed term contract of 2 years, commencing 1 May 2022. 23 : Mr Olson commences position as Chief Executive Officer, simultaneously as Secretary of ANFIUWP. 24 : Council meeting where position of CEO is created and Olson is given appointment for 2 years effective from 1 May 2022. (Agenda Item 6)