Benchmark WA Industrial Relations Case Database

Local Government, Racing and Cemeteries Union (WA) v Shire of Corrigin

[2024] WAIRC 726 Single Commissioner (WAIRC) 2024-07-26 File: APPL 100/2024
Source
Senior Commissioner Cosentino
Not yet cited by other cases
Applicant: Local Government, Racing and Cemeteries Union (WA)
Respondent: Shire of Corrigin

Ratio

The WAIRC had jurisdiction under s80BH of the Industrial Relations Act 1979 (WA) to order that a registered industrial association (LGRCEU) be named as a party to a new State enterprise agreement (the Shire of Corrigin Enterprise Agreement 2022) where the agreement applies to employees eligible for membership of that association and the respondent employer did not oppose the application.

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 · 7

  • Local Government, Racing and Cemeteries Employees Union (WA) applied for an order under s80BH of the IR Act to be named as a party to the Shire of Corrigin Enterprise Agreement 2022
  • The Shire of Corrigin is the employer party to the Agreement
  • The Shire of Corrigin was served with notice of the application and did not respond to or oppose it
  • The application was listed for hearing on 26 July 2024 and no party raised opposition at the hearing
  • The LGRCEU is a registered industrial association of employees under s67 of the IR Act
  • The Agreement is a new State instrument under s80BB of the IR Act
  • The Agreement applies to employees eligible to be members of the LGRCEU

Factors

For
  • LGRCEU is a registered industrial association under s67 of the IR Act
  • The Agreement is a new State instrument under s80BB
  • The Agreement applies to employees eligible to be members of the LGRCEU
  • The employer did not oppose the application
Against

Legislation referenced

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

Concept tags · 4

[P]Registered industrial agreement (WA) [S]Employer-Employee Agreement (WA Pt VID) [S]Standing to bring application [M]WA local government employer (state system)

Principles · 1

articulates para ?
A registered industrial association of employees has standing to apply under s80BH of the IR Act to be named as a party to a new State enterprise agreement where the agreement applies to employees eligible for membership of that association.
Archived text (299 words)
APPLICATION PURSUANT TO SECTION 80BH TO NAME THE LOCAL GOVERNMENT, RACING AND CEMETERIES UNION (WA) AS A PARTY TO THE SHIRE OF CORRIGIN ENTERPRISE AGREEMENT 2022 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Local Government, Racing and Cemeteries Union (WA) APPLICANT -v- Shire of Corrigin RESPONDENT CORAM Senior Commissioner R Cosentino DATE FRIday, 26 July 2024 FILE NO/S APPL 100 OF 2024 CITATION NO. 2024 WAIRC 00726 Result Order issued Representation Applicant Mr K Trainer Respondent Ms J Love as agent and Ms D Ostrowska as agent 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 Corrigin Enterprise Agreement 2022; AND WHEREAS the Shire of Corrigin is the employer party to the Agreement; AND WHEREAS the employer has been served with a copy of LGRCEU’s application, and has not responded to nor opposed to 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 Corrigin Enterprise Agreement 2022. Senior Commissioner R Cosentino