REVIEW OF CLERKS (UNIONS AND LABOR MOVEMENT) AWARD 2004 SCOPE CLAUSE PURSUANT TO S 37D OF THE INDUSTRIAL RELATIONS ACT 1979 (WA) WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Commission's Own Motion APPLICANT -v- (Not applicable) RESPONDENT CORAM COMMISSION IN COURT SESSION Chief Commissioner S J Kenner Senior Commissioner R Cosentino Commissioner T Emmanuel DATE MONDAY, 7 OCTOBER 2024 FILE NO/S CICS 6 OF 2022 CITATION NO. 2024 WAIRC 00878 Result Award varied Representation Mr R Knox on behalf of the Western Australian Municipal, Administrative, Clerical and Services Union of Employees Mr G Hansen on behalf of UnionsWA Mr R Sumner on behalf of the Australian Rail, Tram and Bus Industry Union of Employees, Western Australia Branch Ms L Wardle on behalf of the Australian Workers’ Union, West Australian Branch, Industrial Union of Workers Order HAVING heard from Mr R Knox on behalf of the Western Australian Municipal, Administrative, Clerical and Services Union of Employees, Mr G Hansen on behalf of UnionsWA, Mr R Sumner on behalf of the Australian Rail, Tram and Bus Industry Union of Employees, Western Australia Branch and Ms L Wardle on behalf of the Australian Workers’ Union, West Australian Branch, Industrial Union of Workers, the Commission in Court Session, pursuant to the powers conferred on it by the Industrial Relations Act 1979 (WA), hereby orders – THAT the Clerks (Unions and Labor Movement) Award 2004 be varied in accordance with the attached Schedule and that the variations shall have effect from the date of this order. By the Commission in Court Session CHIEF COMMISSIONER S J KENNER SCHEDULE 1. Delete Clause 3. – Area in its entirety and insert in lieu thereof: 3. – AREA (1) This award has effect throughout Western Australia. (2) This award also has effect with respect to employers who are connected to the State of Western Australia and their employees while performing work covered by this award. Note: For a non-exhaustive list of indicators of when an employer may be connected to the State of Western Australia, see section 3(2) of the Industrial Relations Act 1979. Indicators include, but are not limited to, whether the employer is: domiciled or resident in, or has an office or a place of business in, the State; or registered, incorporated, or established under a law of the State; or the holder of a licence, lease, tenement, permit, or other authority, granted under a law of the State or by a public authority. 2. Delete Clause 4. – Scope in its entirety and insert in lieu thereof: 4. – SCOPE (1) This award applies to all employers in the Union movement and their employees who are wholly or principally engaged in clerical work as set out in Clause 13. – Classifications and Wage Rates of this award. (2) This award also applies to employers that supply labour on an on-hire basis to host employers in the Union movement in respect of on-hire employees employed in the classifications provided in Clause 13. – Classifications and Wage Rates of this award, and those on-hire employees, while engaged in the performance of work covered by this award. (3) This award does not apply to employers and employees who are subject to the national industrial relations system. 3. Delete the definition of ‘Labor Movement’ in Clause 6. – Definitions and substitute with a new definition of ‘Union Movement’ as follows: 6. – DEFINITIONS … “Union movement” means the industrial and political organisations whose activities involve organising, representing and advocating for working people with the aim of improving work, workplaces and society. 4. Delete Schedule “A” Respondents in its entirety and insert in lieu thereof: SCHEDULE “A” RESPONDENTS Union Employers registered under Industrial Relations Act 1979 Australian Institute of Marine and Power Engineers, Western Australian Union of Workers Australian Medical Association (WA) Incorporated Australian Rail, Tram and Bus Industry Union of Employees, Western Australia Branch Building Trades Association of Unions of Western Australia (Association of Workers) Electrical Trades Union WA Health Services Union of Western Australia (Union of Workers) Local Government, Racing and Cemeteries Employees Union (WA) The Association of Professional Engineers, Australia (Western Australian Branch) Organisation of Employees The Australian Maritime Officers Union - Western Area Union of Employees The Australian Nursing Federation, Industrial Union of Workers Perth The Australian Workers’ Union, West Australian Branch, Industrial Union of Workers The Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union of Workers - Western Australian Branch The Breweries and Bottleyards Employees’ Industrial Union of Workers of Western Australia The Civil Service Association of Western Australia Incorporated The Coal Miners’ Industrial Union of Workers of Western Australia, Collie The Construction, Forestry, Mining and Energy Union of Workers The Independent Education Union of Western Australia, Union of Employees The Plumbers and Gasfitters Employees’ Union of Australia, West Australian Branch, Industrial Union of Workers The Shop, Distributive and Allied Employees’ Association of Western Australia The State School Teachers’ Union of W.A. The United Professional Firefighters Union of Western Australia The Western Australian Clothing and Allied Trades’ Industrial Union of Workers, Perth University of Western Australia Academic Staff Association Western Australian Grain Handling Salaried Officers Association (Union of Workers) Western Australian Municipal, Administrative, Clerical and Services Union of Employees Western Australian Police Union of Workers Western Australian Prison Officers’ Union of Workers Union Employers registered under Fair Work (Registered Organisations) Act 2009 Australian Education Union Australian Municipal, Administrative, Clerical and Services Union Australian Nursing and Midwifery Federation Australian Rail, Tram and Bus Industry Union Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Construction, Forestry, and Maritime Employees Union CPSU, the Community and Public Sector Union Finance Sector Union of Australia Health Services Union Independent Education Union of Australia Local Government, Racing and Cemeteries Employees Union Media, Entertainment and Arts Alliance Musicians’ Union of Australia National Tertiary Education Industry Union Shop, Distributive and Allied Employees Association The Association of Professional Engineers, Scientists and Managers, Australia The Australasian Meat Industry Employees Union The Australian Institute of Marine and Power Engineers The Australian Maritime Officers’ Union The Australian Workers’ Union Transport Workers’ Union of Australia Union of Christmas Island Workers United Firefighters’ Union of Australia United Workers Union