Western Australian Municipal, Administrative, Clerical and Services Union of Employees v City of South Perth, West Australian Shire Councils, Municipal Road Boards, Health Boards, Cemeteries and Racecourses, Public Authorities Water Board Union - SECTION 29B PARTY, Australian Municipal, Administration, Clerical and Services (WA Branch) 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 South Perth
Ratio
A union may be named as a party to a state-system enterprise agreement under s80BH of the IR Act 1979 (WA) where it is an industrial association of registered employees and the agreement applies to employees eligible for membership of the union.
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 · 5
- WASU applied for order under s80BH to be named party to City of South Perth Workforce Enterprise Agreement 2022
- City of Swan is the employer party to the agreement
- The Western Australian Shire Councils, Municipal Boards, Health Boards, Parks, Cemeteries and Racecourses, Public Authorities Water Boards Union was an existing party
- Both employer and existing union respondent did not oppose the application
- Parties consented to determination on the papers
Factors
For
- WASU is an industrial association of employees registered under s67 of the IR Act
- The agreement is a new state instrument under s80BB of the IR Act
- The agreement applies to employees who are eligible to be members of WASU
- Employer and existing union did not oppose the application
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 ?
A union may be named as a party to a state enterprise agreement under s80BH where it is an industrial association of registered employees and the agreement applies to employees eligible for membership.
Archived text (384 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 SOUTH PERTH WORKFORCE ENTERPRISE AGREEMENT 2022
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Western Australian Municipal, Administrative, Clerical and Services Union of Employees
APPLICANT
-v-
City of South Perth, West Australian Shire Councils, Municipal Road Boards, Health Boards, Cemeteries and Racecourses, Public Authorities Water Board Union - SECTION 29B PARTY, Australian Municipal, Administration, Clerical and Services (WA Branch) Union - SECTION 29B PARTY
RESPONDENT
CORAM Senior Commissioner R Cosentino
DATE Friday, 5 July 2024
FILE NO/S APPL 11 OF 2024
CITATION NO. 2024 WAIRC 00412
Result Order issued
Representation (On the papers)
Applicant Western Australian Municipal, Administrative, Clerical and Services Union of Employees
Respondent City of South Perth 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 South Perth Workforce Enterprise Agreement 2022.
AND WHEREAS the City of Swan is the employer party to the Agreement and the organisation previously known as the Western Australian Shire Councils, Municipal Boards, Health Boards, Parks, Cemeteries and Racecourses, Public Authorities Water Boards 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 South Perth Workforce Enterprise Agreement 2022.
Senior Commissioner R Cosentino