Benchmark WA Industrial Relations Case Database

Western Australian Municipal, Administrative, Clerical and Services Union of Employees v City of Swan, Western Australian Shire Councils, Municipal Boards, Health Boards, Parks, Cemeteries and Racecourses, Public Authorities Water Boards Union - SECTION 29B PARTY, Australian Municipal, Administrative, Clerical and Services Union - SECTION 29B PARTY, Construction, Forestry, Maritime, Mining and Energy Union - SECTION 29B PARTY

[2024] WAIRC 463 Single Commissioner (WAIRC) 2024-07-11 File: APPL 73/2024 cited 1×
Source
Senior Commissioner Cosentino
Cited 1×
Treatment by later cases (1)
1 neutral
Applicant: Western Australian Municipal, Administrative, Clerical and Services Union of Employees
Respondent: City of Swan

Ratio

WASU applied under s80BH of the IR Act to be named as a party to the City of Swan — Parks, Facilities and Engineering Enterprise Agreement 2019. The Commission was satisfied that WASU is a registered industrial association of employees and that the Agreement applies to employees eligible to be members of WASU, and no party opposed the application. The Commission therefore granted the order naming WASU as a party to the Agreement.

Outcome

For applicant granted

Authority signal

Cited 1× Signal-weighted score: 1.0
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

  • WASU applied for an order under s80BH of the IR Act to be named as a party to the City of Swan — Parks, Facilities and Engineering Enterprise Agreement 2019.
  • The City of Swan is the employer party to the Agreement.
  • The Construction, Forestry, Maritime, Mining and Energy Union and the Western Australian Shire Councils, Municipal Boards, Health Boards, Parks, Cemeteries and Racecourses, Public Authorities Water Boards Union are the organisations of employees named in the Agreement.
  • The employer and respondent organisations did not oppose the application.
  • The hearing took place on 11 July 2024, and no party raised opposition at the hearing.
  • 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.

Factors

For
  • WASU is an industrial association of employees registered under s67 of the IR Act.
  • The Agreement applies to employees who are eligible to be members of WASU.
  • The employer and all respondent organisations did not oppose the application.
  • No party raised opposition at the hearing.
Against

Legislation referenced

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

Concept tags · 5

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

Subsequent treatment · 1

Cited / considered· 1

Cited
2025 WAIRC 00379 WAIRC — Single Commissioner — Western Australian Municipal, Administrative, Clerical and Services Union of...
¶106
Archived text (414 words)
APPLICATION PURSUANT TO SECTION 80BH TO NAME WESTERN AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION OF EMPLOYEES AS A PARTY TO THE CITY OF SWAN - PARKS, FACILITIES AND ENGINEERING ENTERPRISE AGREEMENT 2019 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Western Australian Municipal, Administrative, Clerical and Services Union of Employees APPLICANT -v- City of Swan, Western Australian Shire Councils, Municipal Boards, Health Boards, Parks, Cemeteries and Racecourses, Public Authorities Water Boards Union - SECTION 29B PARTY, Australian Municipal, Administrative, Clerical and Services Union - SECTION 29B PARTY, Construction, Forestry, Maritime, Mining and Energy Union - SECTION 29B PARTY RESPONDENTS CORAM Senior Commissioner R Cosentino DATE THURSday, 11 JuLY 2024 FILE NO/S APPL 73 OF 2024 CITATION NO. 2024 WAIRC 00463 Result Order issued Representation Applicant Mr R Knox First Respondent Ms R Miller as agent and Ms J Love as agent Second Respondent Mr A Johnson Third Respondent No appearance 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 City of Swan - Parks, Facilities and Engineering Enterprise Agreement 2019. AND WHEREAS the City of Swan is the employer party to the Agreement and both the Construction, Forestry, Maritime, Mining and Energy Union and the organisation previously known Western Australian Shire Councils, Municipal Boards, Health Boards, Parks, Cemeteries and Racecourses, Public Authorities Water Boards Union are organisations of employees named in the Agreement; AND WHEREAS the employer and the respondents have each been served with a copy of WASU’s application, and do not oppose 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 City of Swan - Parks, Facilities and Engineering Enterprise Agreement 2019. Senior Commissioner R Cosentino