Benchmark WA Industrial Relations Case Database

Western Australian Municipal, Clerical and Services Union of Employees v (Not Applicable), The Construction, Forestry, Mining and Energy Union of Workers - SECTION 29B PARTY, Local Government, Racing and Cemeteries Employees Union (WA) -, Western Australian Local Government Association -

[2024] WAIRC 343 Commission in Court Session (WAIRC) 2024-06-18 File: CICS 5/2023
Source
Chief Commissioner Kenner, Senior Commissioner Cosentino, Commissioner Emmanuel
Not yet cited by other cases
Applicant: Western Australian Municipal, Administrative, Clerical and Services Union of Employees
Respondent: The Construction, Forestry, Mining and Energy Union of Workers

Ratio

The Commission in Court Session issued a direction requiring the CFMEUW to file a reply to the WASU's notice to admit by 24 June 2024 in the context of inter-union demarcation disputes relating to coverage of local government employees in Western Australia.

Outcome

Resolved other

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 · 6

  • Three separate applications (CICS 5, 8, and 9 of 2023) were consolidated.
  • The dispute involves competing claims by unions (WASU and CFMEUW) for representation of local government employees.
  • Local Government, Racing and Cemeteries Employees Union (WA) intervened as first intervenor.
  • Western Australian Local Government Association intervened as second intervenor.
  • The applications were made pursuant to s 72A of the Industrial Relations Act 1979 (WA).
  • WASU served a notice to admit on 6 June 2024 requiring a reply from CFMEUW.

Legislation referenced

  • Industrial Relations Act 1979 (WA) s72A

Concept tags · 5

[P]Demarcation dispute [P]WA local government employer (state system) [S]s44 referral of industrial matter (WA) [S]Joinder / amendment of parties [S]Discovery / inspection of documents
Archived text (368 words)
APPLICATIONS PURSUANT TO S 72A WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Western Australian Municipal, Administrative, Clerical and Services Union of Employees APPLICANT -v- The Construction, Forestry, Mining and Energy Union of Workers RESPONDENT Local Government, Racing and Cemeteries Employees Union (WA) FIRST INTERVENOR Western Australian Local Government Association SECOND INTERVENOR FILE NO/S CICS 5 OF 2023 PARTIES The Construction, Forestry, Mining and Energy Union of Workers APPLICANT -v- Western Australian Municipal, Administrative, Clerical and Services Union of Employees RESPONDENT Local Government, Racing and Cemeteries Employees Union (WA) FIRST INTERVENOR Western Australian Local Government Association SECOND INTERVENOR FILE NO/S CICS 8 OF 2023 PARTIES Western Australian Municipal, Administrative, Clerical and Services Union of Employees APPLICANT -v- The Construction, Forestry, Mining and Energy Union of Workers RESPONDENT Local Government, Racing and Cemeteries Employees Union (WA) FIRST INTERVENOR Western Australian Local Government Association SECOND INTERVENOR FILE NO/S CICS 9 OF 2023 CORAM COMMISSION IN COURT SESSION Chief Commissioner S J Kenner Senior Commissioner R Cosentino Commissioner T Emmanuel DATE Tuesday, 18 June 2024 FILE NO. CICS 5 OF 2023, CICS 8 OF 2023, CICS 9 OF 2023 CITATION NO. 2024 WAIRC 00343 Result Direction issued Representation Applicant Mr C Fogliani of counsel on behalf of the Western Australian Municipal, Administrative, Clerical and Services Union of Employees Respondent Mr J Nicholas of counsel on behalf of the Construction, Forestry, Mining and Energy Union of Workers First Intervenor Mr K Trainer as agent on behalf of the Local Government, Racing and Cemeteries Employees Union (WA) Second Intervenor Mr N Ellery of counsel on behalf of the Western Australian Local Government Association Direction HAVING heard Mr C Fogliani of counsel on behalf of the WASU and Mr J Nicholas of counsel on behalf of the CFMEUW and Mr K Trainer as agent on behalf of the LGRCEU, and Mr N Ellery of counsel on behalf of the WALGA, the Commission in Court Session pursuant to the powers conferred on it by the Industrial Relations Act 1979 (WA), and by consent, hereby directs – THAT the CFMEUW file a reply to the WASU's notice to admit dated 6 June 2024 by 24 June 2024. By the Commission in Court Session CHIEF COMMISSIONER S J KENNER