Benchmark WA Industrial Relations Case Database

Western Australian Municipal, Administrative, Clerical and Services Union of Employees and another v (Not Applicable) and others

[2025] WAIRC 00226 Commission in Court Session (WAIRC) 2025-04-07 File: CICS 5/2023
Source
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

[P]Demarcation dispute [S]Discovery / inspection of documents [M]s44 referral of industrial matter (WA) [M]Leave for legal representation
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