Western Australian Municipal, Administrative, Clerical and Services Union of Employees v Shire of Kent
Senior Commissioner Cosentino
Not yet cited by other cases
Applicant: Western Australian Municipal, Administrative, Clerical and Services Union of Employees
Respondent: Shire of Kent
Ratio
The WAIRC granted the union's application to be named as a party to the employer's enterprise agreement under s80BH of the IR Act, where the agreement was a new State instrument applying to employees eligible to be members of the union and the employer did not object.
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 Kent Outside Workforce Enterprise Agreement 2021
- The Shire of Kent is the employer party to the Agreement
- The employer filed a Response indicating no objection to WASU's application
- WASU and the employer consented to determination on the papers
- WASU is an industrial association of employees registered under s67 of the IR Act
- The Agreement is a new State instrument under s80BB of the IR Act
- The Agreement applies to employees who are eligible to be members of WASU
Factors
For
- WASU is a registered industrial association of employees
- The Agreement is a new State instrument
- The Agreement applies to employees who are eligible to be members of WASU
- The employer did not object to the application
Against
Legislation referenced
- Industrial Relations Act 1979 (WA) s80BH
- Industrial Relations Act 1979 (WA) s80BB
- Industrial Relations Act 1979 (WA) s67
Concept tags · 4
Principles · 1
articulates para ?
An industrial association of employees registered under s67 of the IR Act may be named as a party to a new State instrument enterprise agreement where the agreement applies to employees who are eligible to be members of that association.
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 KENT OUTSIDE WORKFORCE ENTERPRISE AGREEMENT 2021
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Western Australian Municipal, Administrative, Clerical and Services Union of Employees
APPLICANT
-v-
Shire of Kent
RESPONDENT
CORAM Senior Commissioner R Cosentino
DATE THURSDAY, 13 JUNE 2024
FILE NO/S APPL 72 OF 2024
CITATION NO. 2024 WAIRC 00328
Result Order issued
Representation (On the papers)
Applicant Western Australian Municipal, Administrative, Clerical and Services Union of Employees
Respondent Shire of Kent
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 Kent Outside Workforce Enterprise Agreement 2021.
AND WHEREAS the Shire of Kent 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 Kent Outside Workforce Enterprise Agreement 2021.
Senior Commissioner R Cosentino