Western Australian Municipal, Administrative, Clerical and Services Union of Employees v Shire of Broome, The Australian Municipal, Administrative, Clerical and Services Union - SECTION 29B PARTY — Benchmark

Ratio

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) under s80BH where the agreement applies to employees eligible to be members of that association and the employer does 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 · 4

WASU applied pursuant to s80BH of the Industrial Relations Act 1979 (WA) to be named as a party to the Shire of Broome Inside Workforce Enterprise Agreement 2021
The Shire of Broome is the employer party to the Agreement
The employer filed a Response indicating it does not object to WASU's application
WASU and the employer consented to determination on the papers

Factors

For

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
The employer does not object to the application

Against

Legislation referenced

Industrial Relations Act 1979 (WA) s67
Industrial Relations Act 1979 (WA) s80BB
Industrial Relations Act 1979 (WA) s80BH

Concept tags · 4

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

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 under s80BH where the agreement applies to employees eligible to be members of that association.

Related cases · 10

Decisions sharing two or more primary concepts with this case.

Citation	Court	Date	Outcome	Shared	Cited
[2016] WAIRC 966 Union of Western Australia Union of Workers v (Not applicable)	WAIRC — Full Bench	2016-12-23	For applicant	2	6
[2018] WAIRC 248 The United Firefighters Union of Australia West Australia Branch v (Not applicable)	WAIRC — Full Bench	2018-04-11	For applicant	2	0
[2010] WAIRC 1208 Association Of Independent Schools Of Western Australia (Inc) v (Not Applicable)	WAIRC — Full Bench	2010-12-07	For applicant	2	0
2025 WAIRC 00265 City of Canning v Western Australian Municipal, Clerical and Services Union...	WAIRC — Single Commissioner	2025-05-05	Resolved	2	3
[2022] WAIRC 636 Union of Workers v Minister for Corrective Services	WAIRC — Single Commissioner	2022-08-29	Against applicant	2	2
[2024] WAIRC 729 Local Government, Racing and Cemeteries Union (WA) v Shire of Merredin, The...	WAIRC — Single Commissioner	2024-07-26	For applicant	2	1
[2024] WAIRC 459 Western Australian Municipal, Administrative, Clerical and Services Union of...	WAIRC — Single Commissioner	2024-07-11	For applicant	2	1
[2024] WAIRC 422 Western Australian Municipal, Administrative, Clerical and Services Union of...	WAIRC — Single Commissioner	2024-07-08	For applicant	2	1
[2025] WAIRC 00214 Local Government, Racing and Cemeteries Union (WA) v City of Gosnells,...	WAIRC — Single Commissioner	2025-04-04	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

Archived text (314 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 BROOME INSIDE WORKFORCE ENTERPRISE AGREEMENT 2021 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Western Australian Municipal, Administrative, Clerical and Services Union of Employees APPLICANT -v- Shire of Broome, The Australian Municipal, Administrative, Clerical and Services Union - SECTION 29B PARTY RESPONDENT CORAM Senior Commissioner R Cosentino DATE THURSDAY, 13 JUNE 2024 FILE NO/S APPL 22 OF 2024 CITATION NO. 2024 WAIRC 00304 Result Order issued Representation (On the papers) Applicant Western Australian Municipal, Administrative, Clerical and Services Union of Employees Respondents Shire of Broome 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 Shire of Broome Inside Workforce Enterprise Agreement 2021. AND WHEREAS the Shire of Broome 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 Broome Inside Workforce Enterprise Agreement 2021. Senior Commissioner R Cosentino