A STAY OF OPERATION OF THE ORDER IN MATTER NUMBER APPL 4/2023 WHICH IS THE SUBJECT OF FBA 5/2024 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Western Australian Local Government Association APPLICANT -v- Western Australian Municipal, Administrative, Clerical and Services Union of Employees, City of Kalamunda, Shire of Bridgetown Greenbushes, Shire of Carnamah, Shire of Dalwallinu, Shire of Dowerin, Shire of Goomalling, Shire of Halls Creek, Shire of Harvey, Shire of Kondinin, Shire of Laverton, Shire of Leonora, Shire of Murray, Shire of Nannup, Shire of Narembeen, Shire of Ravensthorpe, Shire of Sandstone, Shire of Three Springs, Shire of Victoria Plains, Shire of Wagin, Shire of Wandering, Shire of Waroona, Shire of Woodanilling, Shire of Yalgoo, Shire of Boddington, Shire of Bruce Rock, The Association of Professional Engineers, Australia (Western Australian Branch) Organisation of Employees (APEA) RESPONDENTS CORAM Chief Commissioner S J Kenner DATE thursday, 22 February 2024 FILE NO/S PRES 2 OF 2024 CITATION NO. 2024 WAIRC 00082 Result Order and Declaration issued Representation WALGA : Ms S Lyon as agent WASU : Mr C Fogliani of counsel LGRCEU : Mr K Trainer as agent Declaration and Order This matter having come before me on the papers on 20 February 2024, and having heard Mr C Fogliani of counsel on behalf of the Western Australian Municipal, Administrative, Clerical and Services Union of Employees, Mr K Trainer as agent on behalf of the Local Government, Racing and Cemeteries Employees Union (WA) and Ms S Lyon as agent on behalf of the Western Australian Local Government Association, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), I hereby declare and order by consent as follows — (1) THAT the applicant has a sufficient interest as required by s 49(11) of the Act to apply for the orders set out herein. (2) THAT appeal FBA 5 of 2024 has been instituted within the meaning of s 49(11) of the Act. (3) THAT the operation of direction 3 of the directions made on 29 January 2024 in APPL 4 of 2023 be and is hereby stayed pending the hearing and determination of appeal FBA 5 of 2024. (4) THAT the Western Australian Local Government Association undertakes that in the event the appeal in FBA 5 of 2024 is dismissed, the documents referred to in direction 3 of the directions made on 29 January 2024 in APPL 4 of 2023 will be filed within two working days of the disposition of the appeal. (5) THAT the parties have liberty to apply on short notice. Chief Commissioner S J Kenner