Western Australian Municipal, Administrative, Clerical and Services Union of Employees, Local Government, Racing and Cemeteries Employees Union (WA) v City of Kalamunda, Shire of Harvey, Shire of Kondinin, Shire of Laverton, Shire of Leonora, Shire of Murray, Shire of Nannup, Shire of Narembeen, Shire of Ravensthorpe, Shire of Sandstone, Shire of Three Springs, Shire of Victoria Plains, Shire of Wagin, Shire of Wandering, Shire of Waroona, Shire of Woodanilling, Shire of Yalgoo, Shire of Boddington, Shire of Bridgetown Greenbushes, Shire of Bruce Rock, Shire of Carnamah, Shire of Dalwallinu, Shire of Dowerin, Shire of Goomalling, Shire of Halls Creek
Senior Commissioner Cosentino
Cited 2×
Treatment by later cases (1)
1 neutral
Applicant: Western Australian Municipal, Administrative, Clerical and Services Union of Employees, Local Government, Racing and Cemeteries Employees Union (WA)
Respondent: City of Kalamunda and others (25 local government authorities)
Ratio
The WAIRC, being satisfied that the applicants had standing to apply, that the proposed amendments did not effect substantive change to the Award's scope, and that the application was consistent with the Statement of Principles (Principle 3 and 10), and that applicable statutory requirements were met, granted the application to vary the minimum wage rates in clause 16 of the Municipal Employees (Western Australia) Award 2021 by consent of the parties.
Outcome
Resolved
partial
Authority signal
Cited 2×
Signal-weighted score: 1.0
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 · 5
- Application to vary wage rates in clause 16 of the Municipal Employees (Western Australia) Award 2021 filed 30 November 2023
- Parties reached consensus on proposed new wage rates following conferences
- On 22 August 2024 Commission notified all non-respondent employers bound by the Award
- No non-respondent employer sought leave to intervene or indicated opposition to proposed rates
- Variation applied to 25 local government authorities and shires in Western Australia
Factors
For
- Applicants have standing as parties to the Award
- Proposed amendments do not effect substantive change to scope or area of operation of the Award
- Application consistent with Statement of Principles – July 2024 (Principle 3 and Principle 10)
- Application not made within a term specified in the Award
- Requirements under IR Act satisfied
- Consensus reached between parties
Against
Legislation referenced
- Industrial Relations Act 1979 (WA)
Concept tags · 6
Principles · 1
An award may be varied to include the minimum wage (Principle 3) and other matters consistent with Principle 10
Cases cited in this decision · 2
Cited
[2024] WAIRC 345
— Commission's Own Motion
"…ing to apply for the Award’s variation; b. the amendments proposed do not effect any substantive change to the scope of the Award or its area of operation; c. the application is consistent with Principle 3 of the...…"
Cited
(2024) 104 WAIG 752
(not in corpus)
"…Award’s variation; b. the amendments proposed do not effect any substantive change to the scope of the Award or its area of operation; c. the application is consistent with Principle 3 of the Statement of Principles...…"
Subsequent treatment · 1
Cited / considered· 1
Cited
2025 WAIRC 00961
WAIRC — Single Commissioner
— Transport Workers’ Union of Australia, Industrial Union of Workers, Western...
¶56
Archived text (527 words)
MUNICIPAL EMPLOYEES (WESTERN AUSTRALIA) AWARD 2021
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Western Australian Municipal, Administrative, Clerical and Services Union of Employees, Local Government, Racing and Cemeteries Employees Union (WA)
APPLICANTS
-v-
City of Kalamunda, Shire of Harvey, Shire of Kondinin, Shire of Laverton, Shire of Leonora, Shire of Murray, Shire of Nannup, Shire of Narembeen, Shire of Ravensthorpe, Shire of Sandstone, Shire of Three Springs, Shire of Victoria Plains, Shire of Wagin, Shire of Wandering, Shire of Waroona, Shire of Woodanilling, Shire of Yalgoo, Shire of Boddington, Shire of Bridgetown Greenbushes, Shire of Bruce Rock, Shire of Carnamah, Shire of Dalwallinu, Shire of Dowerin, Shire of Goomalling, Shire of Halls Creek
RESPONDENTS
CORAM Senior Commissioner R Cosentino
DATE WEDNESday, 4 December 2024
FILE NO/S APPL 80 OF 2023
CITATION NO. 2024 WAIRC 01008
Result Award varied
Representation
First Applicant Fogliani Lawyers
Second Applicant Local Government, Racing and Cemeteries Union (WA)
First Respondent City of Kalamunda
Second, Fourth,
Fifth, Sixth,
Seventh, Ninth,
Tenth,
Eleventh,
Fourteenth,
Fifteenth,
Sixteenth,
Nineteenth,
Twenty-First,
Twenty-Second,
Twenty-Fourth
& Twenty-Fifth
Respondents Western Australian Local Government Association
Seventeenth
Respondent City of Ravensthorpe
Third, Eight,
Twelfth,
Thirteenth,
Eighteenth,
Twentieth
& Twenty-Third
Respondents Fitz Gerald Strategies
Order
WHEREAS the applicants jointly applied on 30 November 2023 to vary the wage rates in clause 16 of the Municipal Employees (Western Australia) Award 2021;
AND WHEREAS following a number of conferences between the parties to the proceedings, the parties reached a consensus as to proposed new wage rates for clause 16 of the Award;
AND WHEREAS on 22 August 2024 the Commission notified all non-respondent employers bound by the Award of the application and of the proposed new rates agreed by the parties;
AND WHEREAS no non-respondent employer has sought leave to intervene in the proceedings, nor indicated any opposition to the proposed new rates;
AND BEING satisfied that:
a. the applicants, being parties to the Award, have standing to apply for the Award’s variation;
b. the amendments proposed do not effect any substantive change to the scope of the Award or its area of operation;
c. the application is consistent with Principle 3 of the Statement of Principles – July 2024 ([2024] WAIRC 00345; (2024) 104 WAIG 752) which enables the variation of an award to include the minimum wage and Principle 10;
d. the application is not made within a term specified in the Award; and
e. the requirements in the Industrial Relations Act 1979 (WA) (IR Act) for varying the Award are met.
NOW THEREFORE, the Commission, pursuant to the powers conferred under the IR Act, hereby orders by consent –
1. THAT the table in clause 16.1 of the Municipal Employees (Western Australia) Award 2021 is deleted and the following is inserted in its place:
Classification level : Minimum weekly rate
($)
Level 1A (up to 38 hours) : 918.60
Level 1B (above 38 hours) : 965.41
Level 2 : 1023.92
Level 3 : 1082.43
Level 4 : 1123.38
Level 4A : 1170.19
Level 5 : 1199.45
Level 6 : 1287.21
Note: The minimum hourly rate is calculated by dividing the minimum weekly rate by 38 hours to four decimal points.
Senior Commissioner R Cosentino