WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES GEORGE TILBURY APPLICANT -and- Western Australian Police Union of Workers RESPONDENT CORAM The Honourable J H Smith, Acting President DATE FRIDAY, 9 February 2018 FILE NO/S PRES 1 OF 2018 CITATION NO. 2018 WAIRC 00089 Result Order made Appearances Applicant Mr P Hunt, as agent Respondent Mr P Hunt Order WHEREAS an interim order was made on 19 May 2015, wherein Order 1 of the interim order established an Interim Board of Directors pending the making of an application to the Full Bench for a declaration pursuant to s 71 of the Industrial Relations Act 1979: [2015] WAIRC 00390; (2015) 95 WAIG 708; AND WHEREAS Order 8 of the interim order provided that there be liberty to the parties to apply to vary the terms of the order; AND WHEREAS Order 9 of the interim order provided that unless the operative effect of the order is varied, the order ceases to have effect on 20 May 2016; AND WHEREAS on 11 June 2015, Order 1 of the interim order was amended to add two additional Directors to the Interim Board of Directors: [2015] WAIRC 00436; (2015) 95 WAIG 710; AND WHEREAS on 23 October 2015, following the results for contested and uncontested offices of offices of the respondent's counterpart Federal body, the Police Federation of Australia – Western Australia Police Branch (PFA Branch) on 7 October 2015 and 16 October 2015, Order 1 of the interim order was re-amended to substitute the names of the holders of the Interim Board of Directors to take effect on and from 24 November 2015: [2015] WAIRC 00957; (2015) 95 WAIG 1689; AND WHEREAS no application was made by the parties to vary Order 9 of the interim order prior to 20 May 2016; AND WHEREAS on 20 May 2016, the interim order establishing an Interim Board of Directors ceased to have effect; AND WHEREAS I am satisfied that the parties to the interim order acted under an honest but mistaken belief that the Interim Board of Directors continued to be constituted in accordance with the terms of the interim order after the interim order ceased to have effect; AND WHEREAS I am satisfied that an Interim Board of Directors should be re-established until the Full Bench has heard and determined the respondent's application in FBM 1 of 2018 for a declaration which, if successful, will enable the respondent to obtain a s 71 certificate enabling the officers of the PFA Branch to be the officers of the respondent. This matter having come on for hearing before me on Thursday, 8 February 2018, and having heard Mr P Hunt on behalf of the applicant and the respondent, pursuant to the powers conferred under the Industrial Relations Act, by consent, I hereby order that until further order – 1. An Interim Board of Directors is established constituted as follows: 1. President George Bradley Tilbury 2. Senior Vice President Brandon Chad Shortland 3. Vice President Harry Sean Arnott 4. Treasurer Michael Craig Kelly 5. Metropolitan Region Director Ward Adamson 6. Metropolitan Region Director Lindsay Bryan Garratt 7. Metropolitan Region Director Mark Wayne Johnson 8. Metropolitan Region Director Anntoinette Cashmore 9. Metropolitan Region Director Kevin McDonald 10. Metropolitan Region Director Peter McGee 11. Metropolitan Region Director Peter John Potthoff 12. Metropolitan Region Director Harry Anthony Russell 13. Central (Midwest/Gascoyne) Region Director Michael Robert Gill 14. East (Goldfields/Esperance) Region Director David Harold Wright Curtis 15. North (Kimberley/Pilbara) Region Director Michael Joseph Henderson 2. The definitions of 'Board', 'Director', 'President', 'Senior Vice President', 'Vice President' and 'Treasurer' in r 3 of the rules of the Western Australian Police Union of Workers (the rules) shall be interpreted as the Board, offices and officers holding office in the Interim Board of Directors. 3. Save and except for r 6.1(a), r 6.1(b) and r 6.1(j), r 6.1 is waived. 4. Rule 6.2(a) and r 6.2(b) of the rules are waived. 5. Rule 6.3 of the rules is waived. 6. Rule 12 of the rules is waived. 7. The Interim Board of Directors shall have the authority to exercise all of the powers, duties and functions of the Board of Directors and each of the members of the Interim Board of Directors shall have the authority to exercise all of the powers, duties and functions of the office held by each of them. 8. There be liberty to the parties to apply to vary the terms of this order. 9. Unless the operative effect of this order is varied, this order ceases to have effect from the date on which a certificate is issued by the Registrar pursuant to s 71(5) of the Industrial Relations Act or on 8 July 2018, whichever date comes first. 10. The application be otherwise adjourned sine die. ACTING PRESIDENT