Benchmark WA Industrial Relations Case Database

City of Swan v Local Government, Racing and Cemeteries Employees Union (WA), Western Australian Municipal, Administrative, Clerical and Services Union of Employees

[2024] WAIRC 927 Single Commissioner (WAIRC) 2024-10-29 File: AG 32/2024
Source
Senior Commissioner Cosentino
Not yet cited by other cases
Applicant: City of Swan
Respondent: Local Government, Racing and Cemeteries Employees Union (WA), Western Australian Municipal, Administrative, Clerical and Services Union of Employees

Ratio

The Commission, exercising powers under s41 of the Industrial Relations Act 1979 (WA), registered the industrial agreement filed by the applicant following satisfaction that it met statutory requirements for registration.

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 pursuant to s41 of the Industrial Relations Act 1979 (WA) to register an industrial agreement
  • Agreement filed in Registry on 18 October 2024
  • Agreement entitled City of Swan Waste and Recycling Services Industrial Agreement 2023
  • Determination made on the papers with consent of parties
  • Agreement registered from date of order (29 October 2024)
  • Registration constitutes substitution for City of Swan Waste/Recycling Services Enterprise Agreement 2018–2021, which was cancelled by operation of s41(8)

Factors

For
  • Agreement met the requirements of the Industrial Relations Act 1979 (WA) for registration
  • Consent of parties to on-the-papers determination
Against

Legislation referenced

  • Industrial Relations Act 1979 (WA) s41
  • Industrial Relations Act 1979 (WA) s41(8)

Concept tags · 3

[P]Registered industrial agreement (WA) [P]WA local government employer (state system) [S]s44 referral of industrial matter (WA)
Archived text (254 words)
CITY OF SWAN WASTE AND RECYCLING SERVICES INDUSTRIAL AGREEMENT 2023 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES City of Swan APPLICANT -v- Local Government, Racing and Cemeteries Employees Union (WA), Western Australian Municipal, Administrative, Clerical and Services Union of Employees RESPONDENTS CORAM Senior Commissioner R Cosentino DATE TUESday, 29 October 2024 FILE NO/S AG 32 OF 2024 CITATION NO. 2024 WAIRC 00927 Result Agreement registered Representation On the papers Applicant City of Swan First Respondent Local Government, Racing and Cemeteries Employees Union (WA) Second Respondent Western Australia Municipal, Administrative, Clerical and Services Union of Employees Order WHEREAS this is an application pursuant to s 41 of the Industrial Relations Act 1979 (WA) to register an industrial agreement; AND WHEREAS I, the undersigned, am satisfied that the agreement meets the requirements of the Act for registration and that it should be registered; AND WHEREAS the parties consent to this application for registration of the industrial agreement being determined on the papers; NOW THEREFORE, the Commission pursuant to the powers conferred under the Act, and by consent, hereby orders – THAT the agreement made between the parties filed in the Registry of the Commission on 18 October 2024 as amended entitled City of Swan Waste and Recycling Services Industrial Agreement 2023 attached hereto be registered as an industrial agreement from the date of this order which is in substitution for the City of Swan Waste/Recycling Services Enterprise Agreement 2018 – 2021 which by operation of s 41(8) of the Act is hereby cancelled. Senior Commissioner R Cosentino