Western Australian Municipal, Administrative, Clerical and Services Union of Employees v Shire of Donnybrook/Balingup, The Australian Municipal, Administrative, Clerical and Services Union - SECTION 29B PARTY — Benchmark

Ratio

An industrial association of employees registered under s 67 of the IR Act may be named as a party to a State instrument enterprise agreement under s 80BH where the agreement applies to employees eligible to be members of the association and the employer consents.

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 · 7

WASU applied to the Commission for an order pursuant to s 80BH to be named as a party to the Shire of Donnybrook Balingup (Outdoor Works and Services) Enterprise Agreement 2021
The Shire of Donnybrook/Balingup is the employer party to the Agreement
The employer filed a Response indicating it does not object to WASU's application
WASU and the employer consented to the Commission determining the application on the papers
WASU is an industrial association of employees registered 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 WASU

Factors

For

WASU is a registered industrial association of employees under s 67 of the IR Act
The agreement is a State instrument under s 80BB of the IR Act
The agreement applies to employees eligible to be members of WASU
The employer does not object to the application
The parties consented to determination on the papers

Against

Legislation referenced

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

Concept tags · 4

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

Related cases · 10

Decisions sharing two or more primary concepts with this case.

Citation	Court	Date	Outcome	Shared	Cited
[2024] WAIRC 399 Western Australian Local Government Association v Western Australian...	WAIRC — Full Bench	2024-07-03	Against applicant	2	0
[2025] WAIRC 00772 Shire of Exmouth, Western Australian Municipal, Administrative, Clerical and...	WAIRC — Single Commissioner	2025-10-02	For applicant	2	1
[2024] WAIRC 858 City of Swan, Local Government, Racing and Cemeteries Employees Union (WA),...	WAIRC — Single Commissioner	2024-10-02	For applicant	2	1
[2024] WAIRC 815 City of Greater Geraldton, Western Australian Municipal, Administrative,...	WAIRC — Single Commissioner	2024-09-16	Resolved	2	1
[2024] WAIRC 459 Western Australian Municipal, Administrative, Clerical and Services Union of...	WAIRC — Single Commissioner	2024-07-11	For applicant	2	1
[2026] WAIRC 00259 Shire of Ashburton v Western Australian Municipal, Administrative, Clerical...	WAIRC — Single Commissioner	2026-04-30	For applicant	2	0
[2026] WAIRC 00258 Shire of Ashburton v Australian Services Union Western Australian Branch,...	WAIRC — Single Commissioner	2026-04-29	For applicant	2	0
[2026] WAIRC 00226 Shire of Wyndham East Kimberley v Western Australian Municipal,...	WAIRC — Single Commissioner	2026-04-16	For applicant	2	0
[2026] WAIRC 00211 City of Joondalup v Local Government, Racing and Cemeteries Employees Union...	WAIRC — Single Commissioner	2026-04-09	For applicant	2	0
[2026] WAIRC 00001 City of Stirling v The Local Government, Racing and Cemeteries Employees...	WAIRC — Single Commissioner	2026-01-05	For applicant	2	0

Archived text (321 words)

APPLICATION PURSUANT TO SECTION 80BH TO NAME WESTERN AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION OF EMPLOYEES AS A PARTY TO THE SHIRE OF DONNYBROOK BALINGUP (OUTDOOR WORKS AND SERVICES) ENTERPRISE AGREEMENT 2021 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Western Australian Municipal, Administrative, Clerical and Services Union of Employees APPLICANT -v- Shire of Donnybrook/Balingup, The Australian Municipal, Administrative, Clerical and Services Union - SECTION 29B PARTY RESPONDENT CORAM Senior Commissioner R Cosentino DATE Thursday, 4 July 2024 FILE NO/S APPL 57 OF 2024 CITATION NO. 2024 WAIRC 00401 Result Order issued Representation (On the papers) Applicant Western Australian Municipal, Administrative, Clerical and Services Union of Employees Respondent Shire of Donnybrook/Balingup 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 Shire of Donnybrook Balingup (Outdoor Works and Services) Enterprise Agreement 2021. AND WHEREAS the Shire of Donnybrook/Balingup is the employer party to the Agreement; AND WHEREAS the employer has filed a Response indicating that it does not object to WASU’s application; AND WHEREAS WASU and the employer 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 Shire of Donnybrook Balingup (Outdoor Works and Services) Enterprise Agreement 2021. Senior Commissioner R Cosentino