Local Government, Racing and Cemeteries Union (WA) v Shire of Esperance, The Australian Municipal, Administrative, Clerical and Services Union - SECTION 29B PARTY
Senior Commissioner Cosentino
Not yet cited by other cases
Applicant: Local Government, Racing and Cemeteries Union (WA)
Respondent: Shire of Esperance, The Australian Municipal, Administrative, Clerical and Services Union
Ratio
The Commission granted the application to name the LGRCEU as a party to the Shire of Esperance Enterprise Agreement 2022 because the LGRCEU is a registered industrial association of employees, the Agreement is a new State instrument, and the Agreement applies to employees eligible to be members of the LGRCEU. The employer and WASU consented to 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 · 8
- The LGRCEU applied for an order to be named as a party to the Shire of Esperance Enterprise Agreement 2022 pursuant to s 80BH of the IR Act
- The Shire of Esperance is the employer party to the Agreement
- WASU was a party served with the application
- The employer and WASU filed a Response indicating they did not object to the LGRCEU's application
- All parties consented to the Commission determining the application on the papers
- The LGRCEU is a registered industrial association of employees under s 67 of the IR Act
- The Agreement is a new State instrument under s 80BB of the IR Act
- The Agreement applies to employees who are eligible to be members of the LGRCEU
Factors
For
- LGRCEU is a registered industrial association of employees under s 67 of the IR Act
- The Agreement is a new State instrument under s 80BB
- The Agreement applies to employees eligible to be members of the LGRCEU
- The employer (Shire of Esperance) did not object to the application
- WASU (existing party) did not object to the application
- All parties consented to determination on the papers
Against
Legislation referenced
- Industrial Relations Act 1979 (WA) s 80BH
- Industrial Relations Act 1979 (WA) s 80BB
- Industrial Relations Act 1979 (WA) s 67
Concept tags · 5
Principles · 1
articulates para ?
A registered industrial association of employees is entitled to be named as a party to a State instrument industrial agreement that applies to employees eligible to be members of that association, provided the application is made under s 80BH.
Archived text (325 words)
APPLICATION PURSUANT TO SECTION 80BH TO NAME THE LOCAL GOVERNMENT, RACING AND CEMETERIES UNION (WA) AS A PARTY TO THE SHIRE OF ESPERANCE ENTERPRISE AGREEMENT 2022
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Local Government, Racing and Cemeteries Union (WA)
APPLICANT
-v-
Shire of Esperance, The Australian Municipal, Administrative, Clerical and Services Union - SECTION 29B PARTY
RESPONDENTS
CORAM Senior Commissioner R Cosentino
DATE Wednesday, 10 July 2024
FILE NO/S APPL 95 OF 2024
CITATION NO. 2024 WAIRC 00441
Result Order issued
Representation (On the papers)
Applicant Local Government, Racing and Cemeteries Union (WA)
Respondents Shire of Esperance and others
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 Esperance Enterprise Agreement 2022.
AND WHEREAS the Shire of Esperance is the employer party to the Agreement and the Western Australian Municipal, Administrative, Clerical and Services Union of Employees (WASU) is a party who was served with the application;
AND WHEREAS the employer and WASU have filed a Response indicating that they do not object to the LGRCEU’s application;
AND WHEREAS the LGRCEU, WASU and the employer consent to the Commission determining the application on the papers;
AND WHEREAS the Commission is satisfied that:
(a) 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 Employee Union be named party to the Shire of Esperance Enterprise Agreement 2022.
Senior Commissioner R Cosentino