Benchmark WA Industrial Relations Case Database

City of Cockburn v Western Australia Municipal, Administrative, Clerical and Services Union of Employees (WASU), Local Government, Racing And Cemeteries Employees Union (LGRCEU), Minister for Industrial Relations -, Western Australian Local Government Association -

[2023] WAIRC 651 Full Bench (WAIRC) 2023-08-04 File: FBM 1/2023
Source
Chief Commissioner Kenner, Commissioner Emmanuel, Commissioner Kucera
Not yet cited by other cases
Applicant: City of Cockburn
Respondents: Western Australia Municipal, Administrative, Clerical and Services Union of Employees (WASU), Local Government, Racing And Cemeteries Employees Union (LGRCEU), Minister for Industrial Relations - Inte

Ratio

The Full Bench granted leave for the Construction, Forestry, Mining and Energy Union of Workers to appear by video link at an interlocutory hearing on 8 August 2023 in a referred question of law concerning local government industrial relations.

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 · 8

  • Applicant is City of Cockburn, a local government authority
  • First respondent is WASU (Western Australia Municipal, Administrative, Clerical and Services Union)
  • Second respondent is LGRCEU (Local Government, Racing And Cemeteries Employees Union)
  • Minister for Industrial Relations appeared as first intervenor
  • Western Australian Local Government Association appeared as second intervenor
  • Full Bench hearing concerned questions of law referred under Industrial Relations Act 1979
  • Interlocutory hearing scheduled for 8 August 2023
  • Construction, Forestry, Mining and Energy Union sought leave to appear by video link

Factors

For
  • Union sought leave to participate in proceedings affecting industrial matters in local government sector
Against

Concept tags · 4

[P]s44 referral of industrial matter (WA) [S]Interlocutory summary dismissal application [S]Leave for legal representation [M]WA local government employer (state system)
Archived text (218 words)
QUESTIONS OF LAW REFERRED TO FULL BENCH WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES City of Cockburn APPLICANT -v- Western Australia Municipal, Administrative, Clerical and Services Union of Employees (WASU), Local Government, Racing And Cemeteries Employees Union (LGRCEU), Minister for Industrial Relations - Intervenor, Western Australian Local Government Association - Intervenor RESPONDENTS CORAM Chief Commissioner S J Kenner Commissioner T Emmanuel Commissioner T Kucera DATE FRIday, 4 August 2023 FILE NO/S FBM 1 OF 2023 CITATION NO. 2023 WAIRC 00651 Result Order issued Representation Applicant Ms K Groves of counsel First Respondent Mr C Fogliani of counsel Second Respondent Mr K Trainer as agent Order HAVING heard Ms K Groves of counsel on behalf of the applicant, Mr C Fogliani of counsel on behalf of the first respondent, Mr K Trainer as agent on behalf of the second respondent, Mr D Anderson of counsel on behalf of the first intervenor and Ms D Hunter as agent on behalf of the second intervenor, the Full Bench, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders — THAT the Construction, Forestry, Mining and Energy Union of Workers be and is hereby granted leave to appear at the interlocutory hearing on 8 August 2023 by video link. By the Full Bench Chief Commissioner S J Kenner