Benchmark WA Industrial Relations Case Database

Local Government, Racing and Cemeteries Union (WA) v Western Australian Municipal, Administrative, Clerical and Services Union, City of Kalamunda, Shire of Boddington, Shire of Bridgetown Greenbushes, Shire of Bruce Rock, Shire of Carnamah, Shire of Dalwallinu, Shire of Dowerin, Shire of Goomalling, Shire of Halls Creek, Shire of Harvey, Shire of Kondinin, Shire of Laverton, Shire of Leonora, Shire of Murray, Shire of Nannup, Shire of Narembeen, Shire of Ravensthorpe, Shire of Sandstone, Shire of Three Springs, Shire of Victoria Plains, Shire of Wagin, Shire of Wandering, Shire of Waroona, Shire of Woodanilling, Shire of Yalgoo

[2024] WAIRC 431 Single Commissioner (WAIRC) 2024-07-09 File: APPL 90/2024
Source
Senior Commissioner Cosentino
Not yet cited by other cases
Applicant: Local Government, Racing and Cemeteries Union (WA)
Respondent: Western Australian Municipal, Administrative, Clerical and Services Union and multiple local government respondents

Ratio

The Commission granted the intervenor applications by the City of Busselton, City of Canning, City of Kalgoorlie–Boulder, City of Stirling, City of Subiaco, City of Bayswater and Shire of Gnowangerup pursuant to s 27(1)(k) of the IR Act 1979 (WA), having found that the local governments are employers covered by the Municipal Employees Award 2021 who would be directly affected by any variations to the Award.

Outcome

Resolved other

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

  • On 9 May 2024, the applicant union initiated an application to amend the Municipal Employees (Western Australia) Award 2021
  • From 17 June 2024 to 21 June 2024, seven local governments filed applications to intervene in the proceedings
  • On 20 June 2024, the applicant initially opposed the intervenor applications
  • On 1 July 2024, the Commission ordered the applications to be dealt with on the papers with written submissions due by 5 July 2024
  • The applicant subsequently withdrew its opposition to intervention
  • No other party opposed the local governments' applications to intervene

Factors

For
  • The intervenor local governments are employers covered by the scope provisions of the Municipal Employees Award 2021
  • Any variations to the Award will directly apply to these employers
  • The intervenors therefore have a direct interest in the matter
Against

Legislation referenced

  • Industrial Relations Act 1979 (WA) s 27(1)(k)
  • Municipal Employees (Western Australia) Award 2021

Concept tags · 5

[P]Award (WA state system) [P]Award variation [P]Joinder / amendment of parties [P]WA local government employer (state system) [S]Standing to bring application

Principles · 1

articulates para ?
Local government employers covered by the scope of an industrial award have a direct interest in proceedings to amend that award sufficient to support intervention.

Cases cited in this decision · 1

Cited
[2024] WAIRC 389 — Local Government, Racing and Cemeteries Union (WA) v Western Australian...
"…pplicant advised the Commission that it opposed the Local Government’s applications to intervene; AND WHEREAS on 1 July 2024 the Commission ordered that the Local Governments’ applications to intervene in the...…"
Archived text (503 words)
MUNICIPAL EMPLOYEES (WESTERN AUSTRALIA) AWARD 2021 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Local Government, Racing and Cemeteries Union (WA) APPLICANT -v- Western Australian Municipal, Administrative, Clerical and Services Union, City of Kalamunda, Shire of Boddington, Shire of Bridgetown Greenbushes, Shire of Bruce Rock, Shire of Carnamah, Shire of Dalwallinu, Shire of Dowerin, Shire of Goomalling, Shire of Halls Creek, Shire of Harvey, Shire of Kondinin, Shire of Laverton, Shire of Leonora, Shire of Murray, Shire of Nannup, Shire of Narembeen, Shire of Ravensthorpe, Shire of Sandstone, Shire of Three Springs, Shire of Victoria Plains, Shire of Wagin, Shire of Wandering, Shire of Waroona, Shire of Woodanilling, Shire of Yalgoo RESPONDENT CORAM Senior Commissioner R Cosentino DATE Tuesday, 9 July 2024 FILE NO/S APPL 90 OF 2024 CITATION NO. 2024 WAIRC 00431 Result Order issued Representation (on the papers) Applicant Mr K Trainer First Respondent Mr R Knox Second Respondent Ms K Groves of counsel Third Respondent Shire of Boddington Fourth, Ninth, Thirteenth, Fourteenth, Fifteenth, Nineteenth, Twenty-first, and Twenty-fourth Respondents Mr M FitzGerald Fifth Respondent Shire of Bruce Rock Sixth Respondent Shire of Carnamah Seventh Respondent Shire of Dalwallinu Eight Respondent Shire of Dowerin Tenth Respondent Shire of Halls Creek Eleventh Respondent Shire of Harvey Twelfth Respondent Shire of Kondinin Sixteenth Respondent Shire of Nannup Seventeenth Respondent Shire of Narembeen Eighteenth Respondent Shire of Ravensthorpe Twentieth Respondent Shire of Three Springs Twenty-second Respondent Shire of Wagin Twenty-third Respondent Shire of Wandering Twenty-fifth Respondent Shire of Woodanilling Twenty-sixth Respondent Shire of Yalgoo Order WHEREAS on 9 May 2024, the applicant initiated the application pursuant to the Industrial Relations Act 1979 (WA) to amend the Municipal Employees (Western Australia) Award 2021; AND WHEREAS from 17 June 2024 to 21 June 2024, the City of Busselton, City of Canning, City of Kalgoorlie – Boulder, City of Stirling, City of Subiaco, City of Bayswater and Shire of Gnowangerup (Local Governments) filed applications to intervene in the proceedings; AND WHEREAS on 20 June 2024 the applicant advised the Commission that it opposed the Local Government’s applications to intervene; AND WHEREAS on 1 July 2024 the Commission ordered that the Local Governments’ applications to intervene in the proceedings be dealt with on the papers ([2024] WAIRC 00389) and that any written submissions opposing the applications be filed by 5 July 2024; AND WHEREAS the applicant subsequently withdrew its opposition and no other party opposes the Local Governments’ applications; AND WHEREAS the Commission is satisfied that the Local Governments are employers who are covered by the scope provisions of the Award and to whom any variations to the Award will apply, and therefore have a direct interest in the matter; NOW THEREFORE the Commission, pursuant to the powers conferred on it under the Act, hereby orders – THAT pursuant to s 27(1)(k) of the Act, the City of Busselton, City of Canning, City of Kalgoorlie – Boulder, City of Stirling, City of Subiaco, City of Bayswater and Shire of Gnowangerup be permitted to intervene in the proceedings. Senior Commissioner R Cosentino