Commission's Own Motion
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
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