Benchmark WA Industrial Relations Case Database

Paul Bergesio v United Workers Union (WA)

[2023] WAIRC 103 Single Commissioner (WAIRC) 2023-02-22 File: PRES 13/2022
Source
Chief Commissioner Kenner
Not yet cited by other cases
Applicant: Paul Bergesio
Respondent: United Workers Union (WA)

Ratio

The Chief Commissioner exercised powers under the Industrial Relations Act 1979 to order an election for union branch officers and waive the quadrennial election requirement to resolve a dispute concerning the validity and timing of union elections and the authority of office-holders.

Outcome

For applicant granted

Authority signal

Not yet cited by other cases Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority, green = positively treated, grey = neutral or sparse data, amber = caution, red = treated negatively.

Key facts · 4

  • Applicant sought orders concerning union branch elections under the respondent's rules
  • The respondent's rules (Rule 13.1) required elections to be held quadrennially
  • There was a dispute regarding when officers elected on 11 November 2019 should have held elections
  • The application was brought pursuant to s.66 of the Industrial Relations Act 1979

Factors

For
  • The applicant's concerns about the conduct and timing of union elections
  • The need to resolve uncertainty regarding the validity and authority of union officers
Against

Legislation referenced

  • Industrial Relations Act 1979 (WA) s66

Concept tags · 3

[P]Freedom of association — protection of union membership (WA Pt VIA) [S]Standing to bring application [S]Judicial review grounds
Archived text (227 words)
ORDER PURSUANT TO S.66 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Paul Bergesio APPLICANT -v- United Workers Union (WA) RESPONDENT CORAM Chief Commissioner S J Kenner DATE Wednesday, 22 February 2023 FILE NO/S PRES 13 OF 2022 CITATION NO. 2023 WAIRC 00103 Result Order issued Representation Applicant In person Respondent Mr J Nicholas of counsel Order HAVING heard from the applicant in person and Mr J Nicholas of counsel on behalf on behalf of the respondent the Chief Commissioner, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby orders – (1) THAT the observance of the requirement in rule 13.1 of the respondent’s Rules to hold Branch elections quadrennially be waived. (2) THAT there be an election under Rule 13 of the respondent’s Rules. (3) THAT despite rule 13.28 of the respondent’s Rules, successful candidates take office immediately upon the Returning Officer declaring the result of the election. (4) THAT until the Returning Officer has declared the result of the election, those officers holding office immediately prior to 11 November 2019, are hereby deemed to continue to hold office and have authority to exercise the powers, duties, and functions of their respective offices. (5) THAT unless order (4) is extended, varied, or revoked, it shall operate until 31 May 2023. (6) THAT there be liberty to apply on short notice. Chief Commissioner S J Kenner