In an application under section 66 of the Industrial Relations Act 1979 (WA), the applicant sought an order to establish an interim Board of Directors due to a misalignment of rules between the respondent and its federal counterpart, the Police Federation of Australia Western Australia Police Branch (PFAWA). Chief Commissioner Kenner affirmed the applicant’s standing to bring the proceedings, as a member of the respondent.

Due to changes in the PFAWA’s rules, it was doubtful that the respondent’s section 71 certificate, relieving it from holding elections for office holders, was effective. Consequently, the respondent aims to realign its rules with the PFAWA and seek a new section 71 certificate. Simultaneously, the applicant sought the establishment of an Interim Board of Directors to manage the respondent’s affairs during this transitional phase.

After reviewing the application and hearing both parties, Kenner CC decided to establish an Interim Board of Directors. Comprising members elected to the PFAWA Branch Executive, this Interim Board will function with all of the powers of the Board, outlined in the respondent’s rules. Kenner CC’s order exempts the respondent from holding an election during the order’s duration. The order will cease upon rule alterations being made and the issuance of a new section 71 certificate by the Full Bench.

The decision can be read here.