Local Government, Racing and Cemeteries Union (WA) v Shire of Perenjori, The Australian Municipal, Administrative, Clerical and Services Union - SECTION 29B PARTY — Benchmark

Ratio

The Commission was satisfied that the Local Government, Racing and Cemeteries Employees Union (WA) is a registered industrial association of employees under s67 of the IR Act and that the enterprise agreement applies to employees eligible to be members of the union. Pursuant to s80BH of the IR Act, the Commission ordered that the union be named as a party to the Shire of Perenjori Enterprise Agreement 2019.

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

The Local Government, Racing and Cemeteries Union (WA) applied for an order under s80BH of the IR Act to be named as a party to the Shire of Perenjori Enterprise Agreement 2019
The Shire of Perenjori is the employer party to the agreement
The Australian Municipal, Administrative, Clerical and Services Union (ASU) is an organisation of employees named in the agreement
The ASU filed a Response indicating it did not object to the LGRCEU's application
The employer did not oppose the application
No party raised any opposition at the hearing on 26 July 2024

Factors

For

LGRCEU is a registered industrial association of employees under s67 of the IR Act
The agreement applies to employees who are eligible to be members of LGRCEU
Neither the employer nor the ASU opposed the application
The ASU explicitly stated it did not object to the application

Against

Legislation referenced

Industrial Relations Act 1979 (WA) s80BH
Industrial Relations Act 1979 (WA) s67
Industrial Relations Act 1979 (WA) s80BB

Concept tags · 4

[P]Registered industrial agreement (WA) [P]WA local government employer (state system) [S]Joinder / amendment of parties [S]Standing to bring application

Related cases · 10

Decisions sharing two or more primary concepts with this case.

Citation	Court	Date	Outcome	Shared	Cited
[2024] WAIRC 399 Western Australian Local Government Association v Western Australian...	WAIRC — Full Bench	2024-07-03	Against applicant	2	0
[2025] WAIRC 00772 Shire of Exmouth, Western Australian Municipal, Administrative, Clerical and...	WAIRC — Single Commissioner	2025-10-02	For applicant	2	1
[2024] WAIRC 858 City of Swan, Local Government, Racing and Cemeteries Employees Union (WA),...	WAIRC — Single Commissioner	2024-10-02	For applicant	2	1
[2024] WAIRC 815 City of Greater Geraldton, Western Australian Municipal, Administrative,...	WAIRC — Single Commissioner	2024-09-16	Resolved	2	1
[2024] WAIRC 459 Western Australian Municipal, Administrative, Clerical and Services Union of...	WAIRC — Single Commissioner	2024-07-11	For applicant	2	1
[2026] WAIRC 00259 Shire of Ashburton v Western Australian Municipal, Administrative, Clerical...	WAIRC — Single Commissioner	2026-04-30	For applicant	2	0
[2026] WAIRC 00258 Shire of Ashburton v Australian Services Union Western Australian Branch,...	WAIRC — Single Commissioner	2026-04-29	For applicant	2	0
[2026] WAIRC 00226 Shire of Wyndham East Kimberley v Western Australian Municipal,...	WAIRC — Single Commissioner	2026-04-16	For applicant	2	0
[2026] WAIRC 00211 City of Joondalup v Local Government, Racing and Cemeteries Employees Union...	WAIRC — Single Commissioner	2026-04-09	For applicant	2	0
[2026] WAIRC 00001 City of Stirling v The Local Government, Racing and Cemeteries Employees...	WAIRC — Single Commissioner	2026-01-05	For applicant	2	0

Archived text (357 words)

APPLICATION PURSUANT TO SECTION 80BH TO NAME THE LOCAL GOVERNMENT, RACING AND CEMETERIES UNION (WA) AS A PARTY TO THE SHIRE OF PERENJORI ENTERPRISE AGREEMENT 2019 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Local Government, Racing and Cemeteries Union (WA) APPLICANT -v- Shire of Perenjori, The Australian Municipal, Administrative, Clerical and Services Union - SECTION 29B PARTY RESPONDENTS CORAM Senior Commissioner R Cosentino DATE FRIday, 26 July 2024 FILE NO/S APPL 118 OF 2024 CITATION NO. 2024 WAIRC 00733 Result Order issued Representation Applicant Mr K Trainer First Respondent Ms J Love as agent and Ms D Ostrowska as agent Second Respondent Mr R Knox Order WHEREAS the Local Government, Racing and Cemeteries Employees Union (WA) (LGRCEU) has applied to the Commission for an order pursuant to s 80BH of the Industrial Relations Act 1979 (WA) (IR Act) naming the LGRCEU as a party to the Shire of Perenjori Enterprise Agreement 2019; AND WHEREAS the Shire of Perenjori is the employer party to the Agreement and the Australian Municipal, Administrative, Clerical and Services Union (ASU) is an organisation of employees named in the Agreement; AND WHEREAS the employer and the ASU have each been served with a copy of LGRCEU’s application; AND WHEREAS the ASU has filed a Response indicating that it does not object to the LGRCEU’s application; AND WHEREAS the employer has not opposed the application; AND WHEREAS the Commission listed LGRCEU’s application for hearing on 26 July 2024. At the hearing, no party raised any opposition to the application; AND WHEREAS the Commission is satisfied that: The LGRCEU is an industrial association of employees registered under s 67 of the IR Act; and (b) The Agreement is a new State instrument under s 80BB of the IR Act. AND WHEREAS the Commission is of the opinion that the Agreement applies to employees who are eligible to be members of the LGRCEU; NOW THEREFORE, the Commission, pursuant to the powers conferred under s 80BH of the IR Act, herby orders – THAT the Local Government, Racing and Cemeteries Employees Union (WA) be named party to the Shire of Perenjori Enterprise Agreement 2019. Senior Commissioner R Cosentino