Benchmark WA Industrial Relations Case Database

Western Australian Municipal, Administrative, Clerical and Services Union of Employees v City of Kalamunda, Shire of Bridgetown-Greenbushes, Shire of Harvey

[2021] WAIRC 115 Single Commissioner (WAIRC) 2021-04-29 File: A 1/2020
Source
Commissioner Walkington
Not yet cited by other cases
Applicant: Western Australian Municipal, Administrative, Clerical and Services Union of Employees
Respondent: City of Kalamunda, Shire of Bridgetown-Greenbushes, Shire of Harvey and Others

Ratio

The Commission granted the application to make a new Local Government Officers' (Western Australia) Award 2021, replacing the 2011 Interim Award. The decision involved consideration of intervention and joinder applications by multiple shires under s27(1)(j) and (k) of the Industrial Relations Act 1979 (WA), with the Commission satisfied that proper service and publication requirements under s29A(2) were met.

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 filed by WAMACSU for a new award covering local government officers in Western Australia
  • Initial respondents: City of Kalamunda, Shire of Bridgetown-Greenbushes, Shire of Harvey
  • Multiple shires sought leave to intervene pursuant to s27(1)(k) IR Act 1979 (WA) between 10 March and 23 April 2021
  • Multiple shires sought joinder to the application pursuant to s27(1)(j) IR Act 1979 (WA)
  • Application properly served on 3 December 2020 in accordance with s29A(2)
  • Proposed award published in Western Australian Industrial Gazette on 23 December 2020
  • New award made with effect from 27 April 2021

Factors

For
  • Application properly served in accordance with s29A(2)
  • Proposed award published in Western Australian Industrial Gazette in accordance with s29A(2)
  • Multiple employer organisations sought intervention and joinder, indicating support for award-making process
Against

Legislation referenced

  • Industrial Relations Act 1979 (WA) s27(1)(j)
  • Industrial Relations Act 1979 (WA) s27(1)(k)
  • Industrial Relations Act 1979 (WA) s28
  • Industrial Relations Act 1979 (WA) s29A(2)

Concept tags · 5

[P]Award (WA state system) [P]WA local government employer (state system) [S]Award variation [S]Joinder / amendment of parties [S]Standing to bring application
Archived text (728 words)
LOCAL GOVERNMENT OFFICERS’ (WESTERN AUSTRALIA) AWARD 2021 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Western Australian Municipal, Administrative, Clerical and Services Union of Employees APPLICANT -v- City of Kalamunda AND OTHERS RESPONDENTS CORAM Commissioner T B Walkington DATE thursday, 29 April 2021 FILE NO/S A 1 OF 2020 CITATION NO. 2021 WAIRC 00115 Result New Award Representation Applicant Mr D Rafferty (of counsel) and Mr W Wood Parties Ms T Rowlands, Ms A Egan, Mr M FitzGerald and Ms D Hunter and Ms R Miller Interveners Mr M FitzGerald, Ms D Hunter and Ms R Miller on behalf of the interveners Order HAVING heard from Mr D Rafferty (of counsel) and with him Mr W Wood on behalf of the Western Australian Municipal, Administrative, Clerical and Services Union of Employees; Ms T Rowlands on behalf of the Association of Professional Engineers, Australia (Western Australian Branch) Organisation of Employees; Ms A Egan on behalf of the City of Kalamunda; Mr M FitzGerald on behalf of the Shire of Bridgetown-Greenbushes, Shire of Harvey, Shire of Laverton, Shire of Murray, Shire of Narembeen, Shire of Ravensthorpe, Shire of Victoria Plains, Shire of Waroona and Shire of Yalgoo; and also on behalf of the Shire of Bruce Rock, Shire of Goomalling, Shire of Leonora, Shire of Sandstone, Shire of Wagin and the Shire of Woodanilling; Ms D Hunter and Ms R Miller on behalf of the Shire of Kondinin; and on behalf of the Shire of Boddington, Shire of Carnamah, Shire of Dalwallinu, Shire of Dowerin, Shire of Halls Creek, Shire of Nannup, Shire of Three Springs, Shire of Wandering; and on behalf of the Shire of Morawa; WHEREAS on 10 March 2021 the Shire of Goomalling, Shire of Wagin, Shire of Leonora, Shire of Bruce Rock, and Shire of Sandstone, sought leave intervene pursuant to s 27(1)(k) of the Industrial Relations Act 1979 (WA); and WHEREAS on 17 March 2021 the Shire of Woodanilling sought leave to intervene pursuant to s 27(1)(k) of the Industrial Relations Act 1979 (WA); and WHEREAS on 14 April 2021, the Shire of Boddington, Shire of Carnamah, Shire of Dalwallinu, Shire of Dowerin, Shire of Halls Creek, Shire of Nannup, Shire of Three Springs, Shire of Wandering made application to be joined to the application pursuant to s 27(1)(j) of the Industrial Relations Act 1979 (WA); and WHEREAS on 23 April 2021, the Shire of Morawa sought leave intervene pursuant to s 27(1)(k) of the Industrial Relations Act 1979 (WA); and WHEREAS pursuant to s 27(1)(k) of the Industrial Relations Act 1979 (WA) the Commission granted leave to intervene to the Shire of Goomalling, Shire of Wagin, Shire of Leonora, Shire of Bruce Rock, Shire of Sandstone, Shire of Woodanilling and Shire of Morawa; and WHEREAS subsequently at the hearing, the Shire of Goomalling, Shire of Wagin, Shire of Leonora, Shire of Bruce Rock, Shire of Sandstone, Shire of Woodanilling made an oral application pursuant to s 27(1)(j) of the Industrial Relations Act 1979 (WA) to be joined to the application; THEREFORE, the Commission, pursuant to the powers conferred on it under s 28 and s 27(1)(j) of the Industrial Relations Act 1979 (WA) hereby: (1) ORDERS that the following be and are hereby joined as a party of this application: - Shire of Boddington - Shire of Bruce Rock - Shire of Carnamah - Shire of Dalwallinu - Shire of Dowerin - Shire of Goomalling - Shire of Halls Creek - Shire of Leonora - Shire of Nannup - Shire of Sandstone - Shire of Three Springs - Shire of Wagin - Shire of Wandering; - Shire of Woodanilling; THE COMMISSION being satisfied that the application was properly served on 3 December 2020 in accordance with s 29A(2) of the Industrial Relations Act 1979 (WA) and the relevant provisions of the proposed award was published in the Western Australian Industrial Gazette on 23 December 2020 in accordance with s 29A(2) of the Industrial Relations Act 1979 (WA), the Commission pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA) hereby: (2) MAKES an award to be known as the Local Government Officers’ (Western Australia) Award 2021 in terms of the schedule hereto, with effect on and from 27 April 2021; and (3) ORDERS that the Local Government Officers’ (Western Australia) Interim Award 2011 be and is hereby cancelled. Commissioner T B Walkington