Main Roads Western Australia v The Australian Workers'
Commissioner Kucera
Not yet cited by other cases
Applicant: Main Roads Western Australia
Respondent: The Australian Workers' Union, West Australian Branch, Industrial Union of Workers (AWU)
Ratio
An application under s 41 of the Industrial Relations Act 1979 (WA) to register an industrial agreement (Main Roads AWU Enterprise Bargaining Agreement 2022) was granted as the agreement met the statutory requirements for registration. The new agreement replaced the previous 2021 agreement, which was cancelled by operation of s 41(8).
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 · 6
- Application filed under s 41 of the IR Act 1979 (WA) to register an industrial agreement
- Agreement negotiated between Main Roads Western Australia and the AWU
- Agreement filed in Registry on 2 June 2023
- Agreement heard on the papers
- New agreement (2022) replaces previous Public Main Roads AWU Enterprise Bargaining Agreement 2021
- Previous 2021 agreement cancelled by operation of s 41(8)
Factors
For
- Agreement met the requirements of the Industrial Relations Act 1979 (WA)
- Parties consented to registration and requested agreement be heard on the papers
- Both applicant and respondent represented and did not contest registration
Against
Legislation referenced
- Industrial Relations Act 1979 (WA) s41
- Industrial Relations Act 1979 (WA) s41(8)
Concept tags · 4
Archived text (234 words)
MAIN ROADS AWU ENTERPRISE BARGAINING AGREEMENT 2022
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Main Roads Western Australia
APPLICANT
-v-
The Australian Workers' Union, West Australian Branch, Industrial Union of Workers (AWU)
RESPONDENT
CORAM Commissioner T Kucera
DATE THURSday, 6 July 2023
FILE NO/S AG 14 OF 2023
CITATION NO. 2023 WAIRC 00364
Result Agreement registered
Representation
Applicant Mr S Lawton
Respondent Mr C Dunne
Minute of Proposed Order
WHEREAS this is an application pursuant to s 41 of the Industrial Relations Act 1979 (WA) to register an industrial agreement;
AND WHEREAS I am satisfied that the agreement meets the requirements of the Industrial Relations Act 1979 (WA) and that it should be registered;
AND WHEREAS the parties have requested that this agreement be registered on the papers;
AND HAVING heard from Mr S Lawton as agent on behalf of the applicant and Mr C Dunne as agent on behalf of the respondent;
NOW THEREFORE the Commission, pursuant to powers conferred under the Industrial Relations Act 1979 (WA), orders –
THAT the agreement made between the parties filed in the Registry on 2 June 2023 entitled Main Roads AWU Enterprise Bargaining Agreement 2022 (AG 14 of 2023) and attached to this order be registered as an industrial agreement in replacement of the Public Main Roads AWU Enterprise Bargaining Agreement 2021 (AG 6 of 2021), which by operation of s 41(8) is cancelled.
Commissioner T Kucera