Western Australian Municipal, Administrative, Clerical and Services Union of Employees and another v (Not Applicable) and others
Chief Commissioner Kenner, Senior Commissioner Cosentino, Commissioner Emmanuel
Not yet cited by other cases
Applicant: Western Australian Municipal, Administrative, Clerical and Services Union of Employees
Respondent: The Construction, Forestry, Mining and Energy Union of Workers
Ratio
The Commission in Court Session issued directions for procedural management of s72A demarcation dispute applications, including directions for disclosure of privileged documents and filing of submissions, with the matter to be listed for hearing.
Outcome
Resolved
other
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
- Three consolidated applications pursuant to s72A IR Act
- Disputes between WASU, CFMEUW, and LRCEU concerning representation and jurisdiction in local government sector
- Issues concerning claims of privilege over documents
- WALGA intervened as second intervenor
Legislation referenced
- Industrial Relations Act 1979 (WA)
Concept tags · 4
Archived text (459 words)
APPLICATIONS PURSUANT TO S 72A
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Western Australian Municipal, Administrative, Clerical and Services Union of Employees
APPLICANT
-v-
The Construction, Forestry, Mining and Energy Union of Workers
RESPONDENT
Local Government, Racing and Cemeteries Employees Union (WA)
FIRST INTERVENOR
Western Australian Local Government Association
SECOND INTERVENOR
FILE NO/S CICS 5 OF 2023
PARTIES The Construction, Forestry, Mining and Energy Union of Workers
APPLICANT
-v-
Western Australian Municipal, Administrative, Clerical and Services Union of Employees
RESPONDENT
Local Government, Racing and Cemeteries Employees Union (WA)
FIRST INTERVENOR
Western Australian Local Government Association
SECOND INTERVENOR
FILE NO/S CICS 8 OF 2023
PARTIES Western Australian Municipal, Administrative, Clerical and Services Union of Employees
APPLICANT
-v-
The Construction, Forestry, Mining and Energy Union of Workers
RESPONDENT
Local Government, Racing and Cemeteries Employees Union (WA)
FIRST INTERVENOR
Western Australian Local Government Association
SECOND INTERVENOR
FILE NO/S CICS 9 OF 2023
CORAM COMMISSION IN COURT SESSION
Chief Commissioner S J Kenner
Senior Commissioner R Cosentino
Commissioner T Emmanuel
DATE Monday, 7 April 2025
CITATION NO. 2025 WAIRC 00226
Result Direction issued
Representation
Applicant Mr T Lettenmaier of counsel and with him Mr C Fogliani of counsel on behalf of the Western Australian Municipal, Administrative, Clerical and Services Union of Employees
Respondent Mr O Fagir of counsel and with him Mr M Cox of counsel on behalf of the Construction, Forestry, Mining and Energy Union of Workers
Second
Intervenor Mr K De Kerloy SC of counsel and with him Mr J Creese of counsel on behalf of the Western Australian Local Government Association
Direction
HAVING heard Mr T Lettenmaier of counsel and with him Mr C Fogliani of counsel on behalf of the WASU, Mr O Fagir of counsel and with him Mr M Cox of counsel on behalf of the CFMEUW, and Mr K De Kerloy SC of counsel and with him Mr J Creese of counsel on behalf of the WALGA, the Commission in Court Session, pursuant to the powers conferred on it by the Industrial Relations Act 1979 (WA), hereby directs –
(1) THAT by 4.00 pm on 11 April 2025, the WASU file any further affidavit identifying by list the documents subject to the claim of privilege.
(2) THAT by 4.00 pm on 30 April 2025, the CFMEUW file any affidavit evidence in opposition to the WASU and the WALGA’s respective claims of privilege, together with an outline of submissions.
(3) THAT by 4.00 pm on 7 May 2025, the WASU and the WALGA file an outline of submissions in reply.
(4) THAT the matters be listed for hearing for one day on a date to be fixed.
(5) THAT there be liberty to apply on short notice.
By the Commission in Court Session
CHIEF COMMISSIONER S J KENNER