Benchmark WA Industrial Relations Case Database

Public Transport Authority of Western Australia v The Australian Rail, Tram and Bus Industry Union of Employees, West Australian Branch

[2021] WAIRC 145 Single Commissioner (WAIRC) 2021-05-24 File: AG 9/2021
Source
Commissioner Emmanuel
Not yet cited by other cases
Applicant: Public Transport Authority of Western Australia
Respondent: The Australian Rail, Tram and Bus Industry Union of Employees, West Australian Branch

Ratio

An industrial agreement application under s41 of the Industrial Relations Act 1979 (WA) for registration of the Public Transport Authority/ARTBIU (Transwa) Industrial Agreement 2021 was granted, replacing the 2019 agreement, as the agreement met the statutory requirements for registration.

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 · 5

  • Application filed pursuant to section 41 of the Industrial Relations Act 1979 (WA) to register an industrial agreement
  • Agreement filed in the Commission on 10 May 2021
  • Agreement replaces the Public Transport Authority/ARTBIU (Transwa) Industrial Agreement 2019
  • Agreement between Public Transport Authority and ARTBIU (West Australian Branch)
  • Both parties represented by agents at hearing

Legislation referenced

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

Concept tags · 3

[P]Registered industrial agreement (WA) [M]Enterprise agreement approval [M]s44 referral of industrial matter (WA)
Archived text (255 words)
PUBLIC TRANSPORT AUTHORITY/ARTBIU (TRANSWA) INDUSTRIAL AGREEMENT 2021 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Public Transport Authority of Western Australia APPLICANT -v- The Australian Rail, Tram and Bus Industry Union of Employees, West Australian Branch RESPONDENT CORAM Commissioner T Emmanuel DATE MONday, 24 May 2021 FILE NO/S AG 9 OF 2021 CITATION NO. 2021 WAIRC 00145 Result Agreement registered Representation Applicant Mr S Lawton (as agent) Respondent Mr J Dekuyer (as agent) Order WHEREAS this is an application pursuant to section 41 of the Industrial Relations Act 1979 (WA) to register an industrial agreement; and 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 clause 1.1 on page 2 of the agreement states that it replaces the Public Transport Authority (Transwa) Industrial Agreement 2019, however the correct title of the agreement being replaced is the Public Transport Authority/ARTBIU (Transwa) Industrial Agreement 2019; AND HAVING heard from Mr S Lawton (as agent) on behalf of the applicant and Mr J Dekuyer (as agent) on behalf of the respondent; NOW THEREFORE the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), orders – THAT the agreement made between the parties filed in the Commission on 10 May 2021 entitled Public Transport Authority/ARTBIU (Transwa) Industrial Agreement 2021 attached hereto be registered as an industrial agreement in replacement of the Public Transport Authority/ARTBIU (Transwa) Industrial Agreement 2019 which by operation of s 41(8) is hereby cancelled. Commissioner T Emmanuel