Where the rules of a State union and its counterpart Federal body regarding membership qualifications are substantially the same, the Commission may declare them to be the same for the purposes of s 71(2) of the Industrial Relations Act 1979.

Where the rules of a counterpart Federal body prescribing branch offices are the same as the rules of the State union, the Commission may declare them to be the same for the purposes of s 71(4) of the Industrial Relations Act 1979.

Union membership within s 298L(1)(a) comprehends more than formal membership; it includes the ability to have terms and conditions of employment determined on a collective basis.

Section 298M can be contravened by inducing employees to cease union membership through the effect of conduct conferring benefits on individual agreement-signers, without proof of the employer's intention to bring about that result, on the reasoning that the statute addresses the conduct itself rather than the mental element.

A union conducting a closed-shop scheme that refuses membership to prevent employment, in breach of freedom of association principles, is conduct that is objectively serious, deliberate, and deserving of penalties in the mid to high range.

In the case of vast majority of public servants who perform routine administrative tasks, it is difficult to envisage any circumstance in which the robust expression of political views and criticism of the government outside of work could have an impact on the performance of their duties, and therefore political speech by such employees falls outside the scope of legitimate regulation under s.13(11)(a) of the Public Service Act.

The reference to the APS being apolitical in s.10(5) is to be read as meaning apolitical in the exercise of its functions, not requiring all APS employees to be apolitical at all times outside of working hours.

A trade union delegate will not be excused conduct which for any other employee would be grounds for dismissal. While the Commission will be vigilant to protect the position of any delegate unjustly dealt with by an employer for legitimate activity on behalf of his union, it certainly will not regard delegateship as a magic cloak conferring on the wearer immunity from liability for wrongful actions.

If cl 37(1)(a) were interpreted to include personal appeals of individual members, only union members could access paid leave for attendance at industrial tribunals (by virtue of the union nexus characterising it as 'union business'), while non-members could not. This would violate s96B of the Industrial Relations Act 1979 (WA) by treating members more favourably based on union membership, rendering such a clause void.

It is inherent in the purpose and business of a union that it provides assistance to its members before, during and after any disputes a member may have with their employer. Appeal Board members nominated by a union or employer will, by reason of nomination, have some association with the nominating body.

Where an organisation's rules contain provisions that, through silence or ambiguity, prevent the capacity to hold a General Meeting (a fundamental organ of democratic control), such provisions are inconsistent with the democratic control requirement under s66(2)(a)(v) of the Industrial Relations Act 1979 (WA) and may be disallowed.

A disallowed rule is void and ceases to have effect to the extent of disallowance. Where words within a rule are disallowed as inconsistent with democratic control, the rule is read as if those words had never appeared.