Western Australian Municipal, Administrative, Clerical and Services Union of Employees v Shire of Merredin
Senior Commissioner Cosentino
Not yet cited by other cases
Applicant: Western Australian Municipal, Administrative, Clerical and Services Union of Employees
Respondent: Shire of Merredin
Ratio
The Commission granted the Union's application to be named as a party to the Shire of Merredin Outside Staff Enterprise Agreement 2022 under s 80BH of the IR Act, as the Union is a registered industrial association and the Agreement applies to employees eligible to be members of the Union.
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 to be named as a party to the Shire of Merredin Outside Staff Enterprise Agreement 2022.
- The Shire of Merredin is the employer party to the Agreement.
- The employer filed a Response indicating it does not object to the application.
- Both 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 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 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 the application.
- Both 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 · 5
Archived text (300 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 MERREDIN OUTSIDE STAFF ENTERPRISE AGREEMENT 2022
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Western Australian Municipal, Administrative, Clerical and Services Union of Employees
APPLICANT
-v-
Shire of Merredin
RESPONDENT
CORAM Senior Commissioner R Cosentino
DATE Monday, 17 june 2024
FILE NO/S APPL 86 OF 2024
CITATION NO. 2024 WAIRC 00338
Result Order issued
Representation (On the papers)
Applicant Western Australian Municipal, Administrative, Clerical and Services Union of Employees
Respondent Shire of Merredin
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 Merredin Outside Staff Enterprise Agreement 2022.
AND WHEREAS the Shire of Merredin 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 Merredin Outside Staff Enterprise Agreement 2022.
Senior Commissioner R Cosentino