Western Australian Municipal, Administrative, Clerical and Services Union of Employees v Town of Bassendean, Australian Municipal, Administrative, Clerical and Services Union - SECTION 29B PARTY — Benchmark

Ratio

The Commission was satisfied that WASU is a registered industrial association of employees and that the Town of Bassendean Enterprise Agreement 2020 is a new State instrument applying to employees eligible to be members of WASU, therefore the Commission ordered that WASU be named as a party to the agreement pursuant to s80BH of the IR Act.

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 for an order pursuant to s 80BH of the IR Act to be named as a party to the Town of Bassendean Enterprise Agreement 2020
The Town of Bassendean is the employer party to the Agreement
The employer filed a Response indicating it did not object to the application
WASU and the employer consented to the Commission determining the application on the papers
WASU is a registered industrial association of employees 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 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
The employer does not object to WASU being named as a party

Against

Legislation referenced

Industrial Relations Act 1979 (WA) s 80BH
Industrial Relations Act 1979 (WA) s 80BB
Industrial Relations Act 1979 (WA) s 67

Concept tags · 5

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

Related cases · 10

Decisions sharing two or more primary concepts with this case.

Citation	Court	Date	Outcome	Shared	Cited
[2010] WAIRC 101 Media, Entertainment v Arts Alliance Of Western Australia (Union Of Employees))	WAIRC — Full Bench	2010-03-05	For applicant	2	2
[2019] WAIRC 4 The East Metropolitan Health Service v Australian Medical Association (WA)...	WAIRC — Full Bench	2019-01-09	Against applicant	2	0
[2024] WAIRC 443 Western Australian Municipal, Administrative, Clerical and Services Union of...	WAIRC — Single Commissioner	2024-07-11	For applicant	2	1
[2025] WAIRC 00756 City of Joondalup, Western Australian Municipal, Administrative, Clerical...	WAIRC — Single Commissioner	2025-09-05	For applicant	2	0
[2024] WAIRC 732 Local Government, Racing and Cemeteries Union (WA) v Shire of Toodyay	WAIRC — Single Commissioner	2024-07-26	For applicant	2	0
[2024] WAIRC 728 Local Government, Racing and Cemeteries Union (WA) v Shire of Kojonup	WAIRC — Single Commissioner	2024-07-26	For applicant	2	0
[2024] WAIRC 731 Local Government, Racing and Cemeteries Union (WA) v Shire of Wyndham East...	WAIRC — Single Commissioner	2024-07-26	For applicant	2	0
[2024] WAIRC 719 Local Government, Racing and Cemeteries Union (WA) v Shire of Boyup Brook,...	WAIRC — Single Commissioner	2024-07-25	For applicant	2	0
[2024] WAIRC 445 Western Australian Municipal, Administrative, Clerical and Services Union of...	WAIRC — Single Commissioner	2024-07-11	For applicant	2	0
[2024] WAIRC 449 Western Australian Municipal, Administrative, Clerical and Services Union of...	WAIRC — Single Commissioner	2024-07-11	For applicant	2	0

Archived text (307 words)

APPLICATION PURSUANT TO SECTION 80BH TO NAME WESTERN AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION OF EMPLOYEES AS A PARTY TO THE TOWN OF BASSENDEAN ENTERPRISE AGREEMENT 2020 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Western Australian Municipal, Administrative, Clerical and Services Union of Employees APPLICANT -v- Town of Bassendean, Australian Municipal, Administrative, Clerical and Services Union - SECTION 29B PARTY RESPONDENT CORAM Senior Commissioner R Cosentino DATE friday, 21 june 2024 FILE NO/S APPL 69 OF 2024 CITATION NO. 2024 WAIRC 00354 Result Order issued Representation (On the papers) Applicant Western Australian Municipal, Administrative, Clerical and Services Union of Employees Respondents Town of Bassendean 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 Town of Bassendean Enterprise Agreement 2020. AND WHEREAS the Town of Bassendean 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 Town of Bassendean Enterprise Agreement 2020. Senior Commissioner R Cosentino