Benchmark WA Industrial Relations Case Database

George Tilbury v Western Australian Police Union of Workers

[2015] WAIRC 436 Single Commissioner (WAIRC) 2015-06-11 File: PRES 1/2015 cited 2×
Source
Justice Honourable
Positively treated
Treatment by later cases (4)
4 neutral
Citation timeline
2015
2018
Applicant: George Tilbury
Respondent: Western Australian Police Union of Workers

Ratio

The Commission varied an order establishing an Interim Board of Directors to add two additional regional director positions following the appointment of representatives to those offices by the Police Federation of Australia Branch.

Outcome

Resolved partial

Authority signal

Positively treated Signal-weighted score: 3.9
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 · 6

  • An order was made on 19 May 2015 establishing an Interim Board of Directors
  • East (Goldfields/Esperance) Region and North (Kimberley/Pilbara) Region offices were vacant at the time of the original order
  • Parties agreed to seek variation once positions were filled by the PFA Branch
  • David Harold Curtis was appointed as Branch Executive Member for East (Goldfields/Esperance) Region effective 10 June 2015
  • Michael Joseph Henderson was appointed as Branch Executive Member for North (Kimberley/Pilbara) Region effective 10 June 2015
  • Statutory declaration provided by applicant as president of the PFA Branch confirming appointments

Factors

For
  • Consent of both parties to variation
  • Formal statutory declaration from PFA Branch president confirming appointments
  • Original order expressly contemplated variation upon filling of vacant positions
Against

Legislation referenced

  • Industrial Relations Act 1979

Concept tags · 3

[P]Consent orders [S]Joinder / amendment of parties [S]Standing to bring application

Subsequent treatment · 4

Cited / considered· 4

Cited
(2018) 98 WAIG WAIRC — Full Bench — enabling the officers of the PFA Branch to be the officers of the. This...
Cited
[2018] WAIRC 89 WAIRC — Full Bench — George Tilbury v Western Australian Police Union of Workers
Cited
(2015) 95 WAIG 2015 WAIRC — Single Commissioner — ued Appearances Mr P Hunt, as agent Mr P Hunt Order This matter having come...
Cited
[2015] WAIRC 957 WAIRC — Single Commissioner — George Tilbury v Western Australian Police Union of Workers
Archived text (293 words)
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 Thursday, 11 June 2015 FILE NO. PRES 1 OF 2015 CITATION NO. 2015 WAIRC 00436 Result Order made Order WHEREAS an order was made on 19 May 2015, wherein order 1 of the order established an Interim Board of Directors; AND WHEREAS when the application was made for an order to establish an Interim Board of Directors the Commission was informed that the offices of East (Goldfields/Esperance) Region and North (Kimberley/Pilbara) Region of the Police Federation of Australia - Western Australia Police Branch (PFA Branch) were vacant and that when the positions were filled by the PFA Branch, the parties would seek to vary order 1 of the order to change the constitution of the Interim Board of Directors to accord with the appointments made by the PFA Branch; AND WHEREAS the Commission has received a statutory declaration signed by the applicant in his capacity as president of the PFA Branch declaring that: David Harold Curtis was appointed to the office of Branch Executive Member from the East (Goldfields/Esperance) Region, effective 10 June 2015. Michael Joseph Henderson was appointed to the office of Branch Executive Member from the North (Kimberley/Pilbara) Region, effective 10 June 2015. AND WHEREAS I am satisfied that order 1 of the order should be amended; NOW THEREFORE as Acting President, pursuant to the powers conferred under the Industrial Relations Act 1979, by consent, I hereby order that order 1 of the order be varied by adding to the constitution of the Interim Board of Directors: 14. East (Goldfields/Esperance) Region Director David Harold Curtis 15. North (Kimberley/Pilbara) Region Director Michael Joseph Henderson ACTING PRESIDENT