Benchmark WA Industrial Relations Case Database

Commission's Own Motion

[2025] WAIRC 00003 Single Commissioner (WAIRC) 2025-01-02 File: APPL 156/2024
Source
Senior Commissioner Cosentino
Not yet cited by other cases
Applicant: Commission's Own Motion
Respondent: (Not Applicable)

Ratio

The Commission, on its own motion under s47 of the Industrial Relations Act 1979 (WA), made an application to remove employer respondents from the Shop and Warehouse (Wholesale and Retail Establishments) State Award. After the Registrar's enquiries established that the listed employers were no longer carrying on business or were otherwise not bound by the Award, and no objections were received, the Commission granted the application and varied the Award by removing all named employer respondents from its scope.

Outcome

For applicant granted

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 · 6

  • Application made by Commission on its own motion under s47 IR Act
  • Registrar made enquiries to determine if employers were still active or bound by Award
  • Notice of application published on Commission website and Western Australian Industrial Gazette on 27 November 2024
  • No objections received within specified timeframe
  • Application unopposed
  • Schedule lists 305+ employer respondents to be removed from Award

Factors

For
  • Registrar's findings that employers no longer carrying on business as employers
  • Registrar's findings that employers otherwise not bound by Award
  • Absence of any objections to the application
  • No opposition to the application
  • Proper procedural notice given via website and Industrial Gazette
Against

Concept tags · 3

[P]Award (WA state system) [P]Award variation [S]s44 referral of industrial matter (WA)

Principles · 2

articulates para 1
The Commission has power under s47 of the Industrial Relations Act 1979 (WA) to vary an award by striking out employer respondents who are no longer carrying on business as employers or are otherwise not bound by the Award.
articulates para 1
Procedural compliance for an own motion application includes making enquiries the Commission considers necessary, publishing notice on the Commission's website and in the Western Australian Industrial Gazette, and considering objections received.
Archived text (1139 words)
SHOP AND WAREHOUSE (WHOLESALE AND RETAIL ESTABLISHMENTS) STATE AWARD WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Commission's Own Motion APPLICANT -v- (Not Applicable) RESPONDENT CORAM Senior Commissioner R Cosentino DATE Thursday, 2 January 2025 FILE NO/S APPL 156 OF 2024 CITATION NO. 2025 WAIRC 00003 Result Award varied Representation (On the papers) Order WHEREAS this is an application of the Commission’s Own Motion to strike out employer respondents from the Shop and Warehouse (Wholesale and Retail Establishments) State Award pursuant to s 47 of the Industrial Relations Act 1979 (WA) (IR Act); AND WHEREAS the Registrar has made all enquiries the Commission considers necessary and has reported on the result of those enquiries; AND WHEREAS the Commission, having considered the Registrar’s report, is of the opinion that the relevant named employer parties are no longer carrying on business as employers or are otherwise not bound by the Award; AND WHEREAS notice of the application was published on the Commission’s website and in the Western Australian Industrial Gazette on 27 November 2024; AND WHEREAS no objections to the application were received within the time specified and the application is unopposed; NOW THEREFORE, the Commission, pursuant to the powers conferred under the IR Act, hereby orders – 1. THAT the employer respondents listed in the attached Schedule be removed from the Shop and Warehouse (Wholesale and Retail Establishments) State Award and that this variation shall have effect from the date of this order. Senior Commissioner R Cosentino SCHEDULE ACI Fibreglass Acme Group Pty Ltd Addressograph Multigraph of Aust. Pty Ltd AFA Airfreight Pty Ltd Aherns Pty Ltd Airport Retail Enterprises Alco Allmark and Associates Pty Ltd Alaska Investments Pty Ltd Trading for Hugal and Hoile Unit Trust T/A Hugal and Hoile (WA) Alsco Linen Service Pty Ltd Angliss and Co (Aust) Pty Ltd Angus and Coote Audioclinic ANI Products Arcus Commercial Refrigeration Pty Ltd Arnotts Biscuits Ltd Atkins Carlyle Ltd AT and T Global Information Solutions (Aust) Pty Ltd 3M Australia Pty Ltd Australian Abrasives Pty Ltd Australian Consolidated Investments Ltd Australian Glass Manufacturers Co Australian Shipbuilding Industries (WA) Pty Ltd Avion Australia AWA Ltd Baily CH & Son Bank of New South Wales Baroid (Aust) Pty Ltd Bayer Aust Ltd Bearing Service Pty Ltd Bell, Reg A Ltd Bell Bros Pty Ltd Belmont Forum Food Centre Beta Pet Meals Pty Ltd Boart Longyear Pty Ltd Boral Windows Pty Ltd Bradford Insulation (WA) Ltd Bradmill Industries Ltd Brown & Dureau Pty Ltd BTR Engineering (Aust) Ltd BTS Pty Ltd Buildex Industries Bunning Bros Burns Philip Food Properties Pty Ltd Cable Makers Aust (WA) Pty Ltd CAI Fences Candle Light Co Pty Ltd Canning Engineers Pty Ltd Cargill's Pty Ltd Cement Aid (WA) Pty Ltd Cereal Foods Pty Ltd Chandon Pty Ltd Channel 7 Charlie Carters Pty Ltd Churchill Gallery City Milling Pty Ltd Coates Hire Service Coles & Co Ltd GJ Commonwealth Industrial Gases Ltd Coolbellup Deli Cottees Foods Coventrys CSR Building Material Dalgety Holdings Pty Ltd Davro Interiors Pty Ltd De Wolf N and Associates Pty Ltd Diamond and Boart Pty Ltd Doogue G. Esq Lucky Lottery Agency D'Orsogna Bros Pty Ltd Dreske-Someff Pty Ltd Dulux Australia Dunlop and Olympic Tyres Dunlopillo Pty Ltd ED Oates Brushware Pty Ltd Edwards Dunlop and Co Eilbeck Wire Industries Pty Ltd Elder Smith Goldsbrough Mort Electrolux Pty Ltd Email Ltd EMI Music (Aust) Pty Ltd Engineering Supplies (WA) Pty Ltd Evans Deakin Industries Ltd Faulding & Co Ltd FH Federal Loan Office Felt Products of WA Fern Investment Flexascreen Pty Ltd Flower Davies-Wemco Pty Ltd Ford Motor Co (Aust) Ltd Fosroc Expandite Fremantle Bond Store Pty Ltd Fremantle Fisherman's Co-op Soc Ltd Fuji Xerox Aust Pty Ltd Gadsden Pty Ltd J Galvin Roy & Co Pty Ltd Gamemaster Billiard Tables Garlock Pty Ltd GEASF Nominees Pty Ltd GEC-AGI (Aust) Gibbs Bright & Co Gibson Benness Industries Pty Ltd Globe Meats Golden Sheaf Macaroni (WA) Pty Ltd Gordon and Gotch (A/Asia) Ltd Gray and Co Ltd D H F Holland Pty Ltd Hanimex Pty Ltd Hardie & Co James Hart & Co SW Hawker Noyes Investments Pty Ltd Hayman and Sons Pty Ltd Heidelberg Harris Aust Pty Ltd Hills Industries Ltd Hoover (Aust) Pty Ltd Hotel and Cafe Supplies Pty Ltd Hunts Canning Co Pty Ltd IBM Ltd IBM Aust Ltd ICI Australia Ltd Ilford (Aust) Pty Ltd Ingot Metal WA International Floral Boutique IPE Packaging Pty Ltd Jackson's Drawing Supplies Pty Ltd Jason Industries Ltd John Sands Pty Ltd Jones Blind and Awning Co Joyce Bros (WA) Pty Ltd Jute Manufacturer's (WA) Pty Ltd Kodak (A/Asia) Pty Ltd Kolotex Australia Pty Ltd Kraft Foods Ltd Lever Rexona Lockyer Simpson Pty Ltd London Court Florist Lysaght (Aust) Ltd John McDougall Pty Ltd McPhersons Ltd Marigny (A/Asia) Pty Ltd Marshall Flower Manufacturer's Agencies Massey Ferguson Iseki Australia Ltd Medical Teletronics Pty Ltd Mettler Toledo Ltd Meuleman's Sport Supply Millars (WA) Pty Ltd Milne and Co Pty Ltd WH Mine Safety Appliances (AUST) Pty Ltd Minster Carpets Pty Ltd Moss Pty Ltd George Morley Delicatessen Myer Stores Ltd (incorporated in Victoria) Myer (WA) Stores Ltd National Can (WA) Pty Ltd Nestles Aust Ltd Newcastle Shop Fitters Nolan Shannon (WA) Pty Ltd Norcross Australia Greeting Cards Nylex Corporation Ltd Moulden Products (WA) Pty Ltd Oakwood Finance Pty Ltd Ocean Pools Pty Ltd Olympic Tyre and Rubber Co Pty Ltd Pak Pacific Corp. Pty Ltd Pellegrini & Co (W.A.) Pty Ltd Perrott, Vance and Sons Perth Jukebox Hire Services Pine Valley Flowers (WA) Pty Ltd Plunkett Baby Furniture Pty Ltd Poon Bros (W.A.) Pty Ltd Poultry Growers of W.A. Co-op Society Ltd Rapid Metal Development Aust Pty Ltd Ready Lime Putty Pty Ltd Repco Auto Parts Rheem Aust Ltd Rowntree Hoadley Ltd Sadleir & Co. Pty Ltd R.C. St. REGIS-ACI Pty Ltd Sands & McDougall (Aust) Pty Ltd Sanitarium Health Food Co. Sara and Cook Pty Ltd Scott Bonnar Sales Pty Ltd Sealane Supplies Sellys Chemical Co. Pty Ltd Sew-Knit Enterprises Pty Ltd Sheridan's Engraving & Metal Stamping Co. Shimenson's Surplus Stores Siemens Industries Ltd Simplex International Time Equipment Pty Ltd Simpson and Kelvinator Sales Pty Ltd Simsmetal Ltd Sirs for Men Pty Ltd Smith Copeland (WA) Pty Ltd Smith & Co. W.H. Smits, Wim Esq, Philatelists Spicers (Aust) P/L, Spicer Cowan S.S. Enterprises Westralia Pty Ltd Streeter & Male Pty Ltd Sunshine General Industries Pty Ltd Swan Motor Wreckers Ltd Swan Settlers Co-op Assn Tony Sadler Pty Ltd Tough Instrument Co. Ullrich Noyes Bros Pty Ltd Unilever Australia Pty Ltd United Welders Pty Ltd Venables Pty Ltd L & T V.S. Supplies W.A. Salvage Co. Watsons Food Holdings Pty Ltd Wells & Son, H.E. Wesfarmers Kleenheat Gas Pty Ltd Western Glass Works Pty Ltd Westralian Drug Co. Pty Ltd Westralian Farmers Co-Op Ltd Wigg E.S. & Son Pty Ltd Wills (Aust) Ltd W.D. & H.O. Woolworths (W.A.) Ltd