Benchmark WA Industrial Relations Case Database

PUBLIC TRANSPORT AUTHORITY OF WESTERN AUSTRALIA v AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION OF EMPLOYEES, WESTERN AUSTRALIA BRANCH

[2023] WAIRC 361 Single Commissioner (WAIRC) 2023-07-05 File: AG 12/2023
Source
Commissioner Kucera
Not yet cited by other cases
Applicant: PUBLIC TRANSPORT AUTHORITY OF WESTERN AUSTRALIA
Respondent: AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION OF EMPLOYEES, WESTERN AUSTRALIA BRANCH

Ratio

The Commission registered the Public Transport Authority/ARTBIU Railway Employees (Network and Infrastructure) Industrial Agreement 2022 pursuant to s41 of the Industrial Relations Act 1979 (WA), having satisfied itself that the agreement met the statutory requirements for registration and replacing the prior 2020 agreement.

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

  • Application made pursuant to s41 of the IR Act 1979 (WA) to register an industrial agreement
  • Agreement filed in Registry on 16 May 2023
  • Agreement entitled: Public Transport Authority/ARTBIU Railway Employees (Network and Infrastructure) Industrial Agreement 2022
  • Agreement registered in replacement of the Public Transport Authority/ARTBIU Railway Employees (Network and Infrastructure) Industrial Agreement 2020 (AG 19 of 2020)
  • Prior agreement cancelled by operation of s41(8)
  • Parties requested agreement be registered on the papers
  • Commission satisfied agreement met requirements of the Industrial Relations Act 1979 (WA)

Factors

For
  • Agreement met the requirements of the Industrial Relations Act 1979 (WA)
  • Parties requested registration on the papers (unopposed)
  • Agreement properly filed in Registry
Against

Legislation referenced

  • Industrial Relations Act 1979 (WA) s41
  • Industrial Relations Act 1979 (WA) s41(8)

Concept tags · 2

[P]Registered industrial agreement (WA) [M]s44 referral of industrial matter (WA)
Archived text (247 words)
PUBLIC TRANSPORT AUTHORITY/ARTBIU RAILWAY EMPLOYEES (NETWORK AND INFRASTRUCTURE) INDUSTRIAL AGREEMENT 2022 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES PUBLIC TRANSPORT AUTHORITY OF WESTERN AUSTRALIA APPLICANT -v- AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION OF EMPLOYEES, WESTERN AUSTRALIA BRANCH RESPONDENT CORAM Commissioner T Kucera DATE WEDNESday, 5 July 2023 FILE NO/S AG 12 OF 2023 CITATION NO. 2023 WAIRC 00361 Result Agreement registered Representation Applicant Ms M Fayomi Respondent Mr J Dekuyer 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 Ms M Fayomi as agent on behalf of the applicant and Mr J Dekuyer 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 16 May 2023 entitled Public Transport Authority/ARTBIU Railway Employees (Network and Infrastructure) Industrial Agreement 2022 (AG 12 of 2023) and attached to this order be registered as an industrial agreement in replacement of the Public Transport Authority/ARTBIU Railway Employees (Network and Infrastructure) Industrial Agreement 2020 (AG 19 of 2020), which by operation of s 41(8) is cancelled. Commissioner T Kucera