Western Australian Municipal, Administrative, Clerical and Services Union of Employees v City of Wanneroo, Automotive, Food, Metals, Engineering, Printing and Kindred Industries 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: City of Wanneroo; Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
Ratio
An organisation of employees registered under s67 of the IR Act may be named as a party to a new state industrial agreement under s80BH where the agreement applies to employees eligible to be members of that organisation, and the employer and existing named union consent.
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
- WASU applied for an order under s80BH to be named as a party to the City of Wanneroo Fleet Services Enterprise Agreement 2022
- City of Wanneroo is the employer party to the Agreement
- The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union is an organisation of employees named in the Agreement
- The employer and the existing union responded that they do not oppose the application
- WASU and the respondents consented to determination on the papers
- The Commission was satisfied that WASU is an industrial association of employees registered under s67 of the IR Act
- The Commission was satisfied that the Agreement is a new State instrument under s80BB of the IR Act
- The Commission was of the opinion that the Agreement applies to employees who are eligible to be members of WASU
Factors
For
- WASU is a registered industrial association of employees
- The Agreement is a new State instrument
- The Agreement applies to employees eligible to be members of WASU
- The employer consented to WASU being named as a party
- The existing named union consented to WASU being named as a party
Against
Legislation referenced
- Industrial Relations Act 1979 (WA) s80BH
- Industrial Relations Act 1979 (WA) s80BB
- Industrial Relations Act 1979 (WA) s67
Concept tags · 5
Principles · 1
articulates para ?
An organisation of employees registered under s67 of the IR Act may be named as a party to a new State instrument under s80BH where the agreement applies to employees eligible to be members of that organisation.
Test: Statutory naming test under s80BH
Archived text (348 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 WANNEROO FLEET SERVICES ENTERPRISE AGREEMENT 2022
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Western Australian Municipal, Administrative, Clerical and Services Union of Employees
APPLICANT
-v-
City of Wanneroo, Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union - SECTION 29B PARTY
RESPONDENTS
CORAM Senior Commissioner R Cosentino
DATE Friday, 5 July 2024
FILE NO/S APPL 79 OF 2024
CITATION NO. 2024 WAIRC 00417
Result Order issued
Representation (On the papers)
Applicant Western Australian Municipal, Administrative, Clerical and Services Union of Employees
Respondents City of Wanneroo and others
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 Wanneroo Fleet Services Enterprise Agreement 2022.
AND WHEREAS the City of Wanneroo is the employer party to the Agreement and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union is an organisation of employees named in the Agreement;
AND WHEREAS the employer and the Union have each been served with a copy of WASU’s application, and have responded to the effect that they do not oppose the application;
AND WHEREAS WASU and the respondents consent to the Commission determining the application on the papers;
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 Wanneroo Fleet Services Enterprise Agreement 2022.
Senior Commissioner R Cosentino