Western Australian Municipal, Administrative, Clerical and Services Union of Employees v Shire of Yilgarn, The Australian Municipal, Administrative, Clerical and Services Union - SECTION 29B PARTY — Benchmark

Ratio

An industrial union of employees is entitled to be named as a party to a state enterprise agreement under s80BH of the IR Act where the union is registered under s67 and the agreement applies to employees eligible for union membership.

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 · 4

WASU applied pursuant to s80BH for an order naming it as a party to the Shire of Yilgarn Enterprise Agreement 2021
The Shire of Yilgarn is the employer party to the agreement
The employer was served but did not oppose the application
No party raised opposition at the hearing on 11 July 2024

Factors

For

WASU 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 who are eligible to be members of WASU
No opposition was raised by any party

Against

Legislation referenced

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

Concept tags · 5

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

Principles · 1

articulates para ?

A registered industrial association of employees is entitled to be named as a party to a state enterprise agreement where that agreement applies to employees who are eligible for membership of the association.

Related cases · 10

Decisions sharing two or more primary concepts with this case.

Citation	Court	Date	Outcome	Shared	Cited
[2016] WAIRC 966 Union of Western Australia Union of Workers v (Not applicable)	WAIRC — Full Bench	2016-12-23	For applicant	2	6
[2018] WAIRC 248 The United Firefighters Union of Australia West Australia Branch v (Not applicable)	WAIRC — Full Bench	2018-04-11	For applicant	2	0
[2010] WAIRC 1208 Association Of Independent Schools Of Western Australia (Inc) v (Not Applicable)	WAIRC — Full Bench	2010-12-07	For applicant	2	0
2025 WAIRC 00265 City of Canning v Western Australian Municipal, Clerical and Services Union...	WAIRC — Single Commissioner	2025-05-05	Resolved	2	3
[2022] WAIRC 636 Union of Workers v Minister for Corrective Services	WAIRC — Single Commissioner	2022-08-29	Against applicant	2	2
[2024] WAIRC 729 Local Government, Racing and Cemeteries Union (WA) v Shire of Merredin, The...	WAIRC — Single Commissioner	2024-07-26	For applicant	2	1
[2024] WAIRC 459 Western Australian Municipal, Administrative, Clerical and Services Union of...	WAIRC — Single Commissioner	2024-07-11	For applicant	2	1
[2024] WAIRC 422 Western Australian Municipal, Administrative, Clerical and Services Union of...	WAIRC — Single Commissioner	2024-07-08	For applicant	2	1
[2025] WAIRC 00214 Local Government, Racing and Cemeteries Union (WA) v City of Gosnells,...	WAIRC — Single Commissioner	2025-04-04	For applicant	2	0
[2024] WAIRC 728 Local Government, Racing and Cemeteries Union (WA) v Shire of Kojonup	WAIRC — Single Commissioner	2024-07-26	For applicant	2	0

Archived text (332 words)

APPLICATION PURSUANT TO SECTION 80BH TO NAME WESTERN AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION OF EMPLOYEES AS A PARTY TO THE SHIRE OF YILGARN ENTERPRISE AGREEMENT 2021 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Western Australian Municipal, Administrative, Clerical and Services Union of Employees APPLICANT -v- Shire of Yilgarn, The Australian Municipal, Administrative, Clerical and Services Union - SECTION 29B PARTy RESPONDENTS CORAM Senior Commissioner R Cosentino DATE THURSday, 11 July 2024 FILE NO/S APPL 62 OF 2024 CITATION NO. 2024 WAIRC 00462 Result Order issued Representation Applicant Mr R Knox Respondent Ms R Miller as agent and Ms J Love as agent Other Party Mr A Johnson for the Local Government, Racing and Cemeteries Employees Union (WA) Order WHEREAS the Western Australian Municipal, Administrative, Clerical and Services Union of Employees (WASU) has applied to the Commission for an order pursuant to s 80BH of the Industrial Relations Act 1979 (WA) (IR Act) naming WASU as a party to the Shire of Yilgarn Enterprise Agreement 2021. AND WHEREAS the Shire of Yilgarn is the employer party to the Agreement. AND WHEREAS the employer has been served with a copy of WASU’s application, and has not responded to nor opposed the application; AND WHEREAS the Commission listed WASU’s application for hearing on 11 July 2024. At the hearing, no party raised any opposition to the application; AND WHEREAS the Commission is satisfied that: (a) WASU 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 WASU; NOW THEREFORE, the Commission, pursuant to the powers conferred under s 80BH of the IR Act, herby orders – THAT the Western Australian Municipal, Administrative, Clerical and Services Union of Employees be named party to the Shire of Yilgarn Enterprise Agreement 2021. Senior Commissioner R Cosentino