Commission's Own Motion
Senior Commissioner Cosentino
Not yet cited by other cases
Treatment by later cases (1)
1 neutral
Applicant: Commission's Own Motion
Ratio
An award is cancelled under s47 of the Industrial Relations Act 1979 (WA) where, following proper inquiry and notice procedures, the Commission forms the opinion that there is no employee to whom the award applies.
Outcome
Resolved
other
Authority signal
Not yet cited by other cases
Signal-weighted score: 0.8
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
- The Commission initiated this matter of its own motion
- The Commission considered there may be no employee to whom the Breadcarters (Country) Award 1976 applies
- The Registrar made inquiries and reported findings to the Commission
- General notice of intention to cancel the Award was published on 31 May 2024
- Copies of notice were served on Transport Workers' Union of Australia, Baking Industry Employers' Association of Western Australia, Chamber of Commerce and Industry WA, UnionsWA, and the Minister for Industrial Relations
- No objections were received within 30 days of the general notice being published
- The Commission formed the opinion that there is no employee to whom the Award applies
Factors
For
- Registrar's inquiry findings indicated no employee to whom the award applies
- No objections received from relevant industrial parties or union representatives following proper notice
- Proper procedural requirements satisfied including general notice and service on interested parties
Against
Legislation referenced
- Industrial Relations Act 1979 (WA) s47
Concept tags · 3
Principles · 1
articulates para ?
An award may be cancelled under s47 where the Commission forms the opinion that there is no employee to whom the award applies, provided proper inquiry and notice procedures have been followed.
Subsequent treatment · 1
Cited / considered· 1
Cited
(2024) 104 WAIG
WAIRC — Single Commissioner
— Ms R Francis of counsel Mr C Fogliani of counsel Second to Ninth No...
Archived text (263 words)
CANCELLATION OF BREADCARTERS (COUNTRY) AWARD 1976
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Commission's Own Motion
APPLICANT
-v-
(Not Applicable)
RESPONDENT
CORAM Senior Commissioner R Cosentino
DATE MONday, 1 JuLY 2024
FILE NO/S APPL 102 OF 2024
CITATION NO. 2024 WAIRC 00384
Result Award cancelled
Order
WHEREAS, the Commission initiated this matter of its own motion, considering there may be no employee to whom the Breadcarters (Country) Award 1976 applies.
AND WHEREAS the Registrar has made such enquiries that the Commission considers are necessary, and the Registrar has reported on the result of those enquiries to the Commission.
AND WHEREAS after receiving the Registrar’s report, the Commission caused the Registrar to:
1. Give general notice by publication in the required manner of the intention of the Commission to cancel the Award, such notice being published on 31 May 2024; and
2. Serve copies of such notice on:
a. Transport Workers’ Union of Australia, Industrial Union of Workers, Western Australian Branch;
b. Baking Industry Employers’ Association of Western Australia;
c. Chamber of Commerce and Industry WA;
d. UnionsWA; and
e. The Minister for Industrial Relations.
AND WHEREAS no objections have been received by the Commission to the making of an order cancelling the Award within 30 days of the general notice being published.
AND WHEREAS the Commission is of the opinion that there is no employee to whom the Award applies.
NOW THEREFORE the Commission pursuant to the powers conferred by s 47 of the Industrial Relations Act 1979 (WA) hereby orders –
THAT the Breadcarters (Country) Award 1976 is cancelled.
Senior Commissioner R Cosentino