Agencies for South West Accommodation Inc v Western Australian Municipal, Administrative, Clerical and Services Union of Employees, Wungening Aboriginal Corporation (formerly Aboriginal Alcohol and Drug Service (Inc)), Goldfields Women'
Senior Commissioner Cosentino
Cited 1×
Treatment by later cases (3)
3 neutral
Citation timeline
2024
2025
Applicant: Agencies for South West Accommodation Inc
Respondent: Western Australian Municipal, Administrative, Clerical and Services Union of Employees
Ratio
The WAIRC interpreted clause 4.2(3) of the Crisis Assistance, Supported Housing Industry – Western Australian Interim Award 2011, declaring that 'supported and/or related support services' means 'supported housing and/or related support services', and that 'specifically for' means 'targeted at' rather than 'exclusively for'. The award was varied to insert the word 'housing' after 'supported'.
Outcome
Resolved
partial
Authority signal
Cited 1×
Signal-weighted score: 2.6
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 · 4
- Application concerned interpretation of clause 4.2(3) of the Crisis Assistance, Supported Housing Industry – Western Australian Interim Award 2011
- Dispute over meaning of phrase 'supported and/or related support services'
- Dispute over meaning of phrase 'specifically for' in the award clause
- Multiple accommodation and refuge service providers were respondents to the application
Legislation referenced
- Industrial Relations Act 1979 (WA)
- Crisis Assistance, Supported Housing Industry – Western Australian Interim Award 2011, clause 4.2(3)
Concept tags · 4
Principles · 2
articulates para ?
The phrase 'supported and/or related support services' in clause 4.2(3) of the Crisis Assistance, Supported Housing Industry – Western Australian Interim Award 2011 means 'supported housing and/or related support services'.
articulates para ?
The phrase 'specifically for' in clause 4.2(3) of the Crisis Assistance, Supported Housing Industry – Western Australian Interim Award 2011 means 'targeted at' rather than 'exclusively for'.
Cases cited in this decision · 1
Cited
[2024] WAIRC 300
— Agencies for South West Accommodation Inc v Western Australian Municipal,...
"…e Declaration & Order HAVING heard from Mr S Pack and Ms R Francis of counsel on behalf of the applicant and Mr C Fogliani of counsel on behalf of the first respondent; AND for the reasons stated in the reasons for...…"
Subsequent treatment · 3
Cited / considered· 3
Considered
(2025) 105 WAIG 106
WAIRC — Full Bench
— MINISTER FOR CORRECTIVE SERVICES v WESTERN AUSTRALIAN PRISON OFFICERS' UNION...
Cited
(2024) 104 WAIG
WAIRC — Single Commissioner
— Ms R Francis of counsel Mr C Fogliani of counsel Second to Ninth No...
Considered
[2024] WAIRC 1034
Industrial Magistrates Court
— Western Australian Prison Officers’ Union of Workers v Western Australian...
¶175
Archived text (330 words)
INTERPRETATION OF THE CRISIS ASSISTANCE, SUPPORTED HOUSING INDUSTRY – WESTERN AUSTRALIAN INTERIM AWARD 2011
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Agencies for South West Accommodation Inc
APPLICANT
-v-
Western Australian Municipal, Administrative, Clerical and Services Union of Employees, Wungening Aboriginal Corporation (formerly Aboriginal Alcohol and Drug Service (Inc)), Goldfields Women's Refuge Association, The Lucy Saw Centre Association (also known as Lucy Saw Women's Refuge), Nardine Wimmin's Refuge Inc, Pat Thomas House Inc (formerly Pat Thomas Memorial Community House), Orana House Inc (also known as Orana Women's Refuge), South West Refuge Inc, Indigo Junction Incorporated, Zonta House Refuge Assn Inc
RESPONDENTS
CORAM Senior Commissioner R Cosentino
DATE FRIday, 21 June 2024
FILE NO. APPL 76 OF 2023
CITATION NO. 2024 WAIRC 00353
Result Declaration made
Award varied
Representation
Applicant Mr S Pack of counsel, Ms R Francis of counsel
First Respondent Mr C Fogliani of counsel
Second to Ninth
Respondents No appearance
Declaration & Order
HAVING heard from Mr S Pack and Ms R Francis of counsel on behalf of the applicant and Mr C Fogliani of counsel on behalf of the first respondent;
AND for the reasons stated in the reasons for decision published on 13 June 2024 [2024] WAIRC 00300;
NOW THEREFORE, the Commission, pursuant to the powers conferred on it by the Industrial Relations Act 1979 (WA), hereby declares –
1. THAT the true meaning of the phrase ‘supported and/or related support services’ in clause 4.2(3) of the Crisis Assistance, Supported Housing Industry – Western Australia Interim Award 2011 is ‘supported housing and/or related support services’.
2. THAT the true meaning of the phrase ‘specifically for’ in clause 4.2(3) of the Crisis Assistance, Supported Housing Industry – Western Australia Interim Award 2011 is ‘targeted at’. The phrase does not mean ‘exclusively for’.
AND the Commission hereby orders –
3. THAT clause 4.2(3) of the Crisis Assistance, Supported Housing Industry – Western Australia Interim Award 2011 be varied by inserting the word ‘housing’ after ‘supported’.
Senior Commissioner R Cosentino