Western Australian Municipal, Administrative, Clerical and Services Union of Employees v Bunbury Harvey Regional Council, The Australian Municipal, Administrative, Clerical and Services Union - SECTION 29B PARTY
Senior Commissioner Cosentino
Not yet cited by other cases
Applicant: Western Australian Municipal, Administrative, Clerical and Services Union of Employees
Respondent: Bunbury Harvey Regional Council
Ratio
The Commission granted an application under s80BH IR Act to name WASU as a party to the Bunbury-Harvey Regional Council Employees 2019 Enterprise Agreement because WASU is a registered industrial association and the Agreement applies to employees eligible to be members of WASU.
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
- WASU applied for an order under s80BH IR Act to be named as a party to the Bunbury-Harvey Regional Council Employees 2019 Enterprise Agreement
- Bunbury Harvey Regional Council is the employer party to the Agreement
- The employer was served with the application but did not respond or oppose it
- No party raised opposition to the application at the hearing on 11 July 2024
- WASU is a registered industrial association under s67 IR Act
- The Agreement is a new State instrument under s80BB IR Act
Factors
For
- WASU is a registered industrial association of employees under s67 IR Act
- The Agreement is a new State instrument under s80BB IR Act
- The Agreement applies to employees who are eligible to be members of WASU
- No opposition was raised by the employer or any other party
Against
Legislation referenced
- Industrial Relations Act 1979 (WA) s80BH
- Industrial Relations Act 1979 (WA) s80BB
- Industrial Relations Act 1979 (WA) s67
Concept tags · 4
Principles · 1
articulates para 1
Under s 80BH of the Industrial Relations Act 1979 (WA), the Commission may order that an industrial association be named as a party to a new State instrument if the association is registered under s 67 and the instrument applies to employees eligible for membership in that association.
Test: The Commission must be satisfied that: (a) the applicant is a registered industrial association; (b) the agreement is a new State instrument under s 80BB; and (c) the agreement applies to employees eligible for membership in the applicant association.
Archived text (313 words)
APPLICATION PURSUANT TO SECTION 80BH TO NAME WESTERN AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION OF EMPLOYEES AS A PARTY TO THE BUNBURY-HARVEY REGIONAL COUNCIL EMPLOYEES 2019 ENTERPRISE AGREEMENT
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Western Australian Municipal, Administrative, Clerical and Services Union of Employees
APPLICANT
-v-
Bunbury Harvey Regional Council, The Australian Municipal, Administrative, Clerical and Services Union - SECTION 29B PARTY
RESPONDENT
CORAM Senior Commissioner R Cosentino
DATE Thursday, 11 JuLY 2024
FILE NO/S APPL 15 OF 2024
CITATION NO. 2024 WAIRC 00444
Result Order issued
Representation
Applicant Mr R Knox
Respondent Mr N Edwards
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 Bunbury-Harvey Regional Council Employees 2019 Enterprise Agreement.
AND WHEREAS Bunbury Harvey Regional Council is the employer party to the Agreement;
AND WHEREAS the employer has been served with a copy of WASU’s application, and have 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 Bunbury-Harvey Regional Council Employees 2019 Enterprise Agreement.
Senior Commissioner R Cosentino