Benchmark WA Industrial Relations Case Database

Commissioner of Main Roads, Main Roads Western Australia, The Association of Professional Engineers, Australia (Western Australian Branch) v (Not applicable)

[2018] WAIRC 398 Single Commissioner (WAIRC) 2018-07-02 File: PSAAG 6/2018
Source
Commissioner Emmanuel
Not yet cited by other cases
Applicant: Commissioner of Main Roads, Main Roads Western Australia, The Association of Professional Engineers, Australia (Western Australian Branch)

Ratio

The agreement meets the statutory requirements under the Industrial Relations Act 1979 (WA) for registration as an industrial agreement, and accordingly the application is granted and the agreement registered, replacing the prior 2015 agreement.

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 · 5

  • Agreement titled 'Main Roads APEA Enterprise Bargaining Agreement 2018' filed on 30 May 2018
  • Agreement amended by the parties on 25 June 2018
  • Application made by Commissioner of Main Roads and APEA (WA Branch) as joint applicant
  • Parties consented to registration without attendance at hearing
  • Agreement registered in replacement of 'Main Roads APEA Enterprise Bargaining Agreement 2015'

Factors

For
  • Agreement meets the requirements of the Industrial Relations Act 1979 (WA)
  • Parties consented to registration
  • No objection or dispute raised
Against

Legislation referenced

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

Concept tags · 4

[P]Enterprise agreement approval [P]Registered industrial agreement (WA) [S]Public sector matter (general WAIRC jurisdiction post-PSAB) [S]Consent orders
Archived text (234 words)
MAIN ROADS APEA ENTERPRISE BARGAINING AGREEMENT 2018 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Commissioner of Main Roads, The Association of Professional Engineers, Australia (Western Australian Branch) Organisation of employees APPLICANT -v- (Not applicable) RESPONDENT CORAM PUBLIC SERVICE ARBITRATOR Commissioner T Emmanuel DATE MONDAY, 2 JULY 2018 FILE NO PSAAG 6 OF 2018 CITATION NO. 2018 WAIRC 00398 Result Agreement registered Representation (by correspondence) Applicant Mr H Falconer (as agent) and Ms S Andrews (as agent) Respondent N/A Order WHEREAS this is an application pursuant to s 41 of the Industrial Relations Act 1979 (WA) to register an agreement as an industrial agreement; AND WHEREAS the Commission is 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 consented to the Commission registering the agreement without the need to attend a hearing for the purpose; 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 30 May 2018 entitled the ‘Main Roads APEA Enterprise Bargaining Agreement 2018’ as amended by the parties on 25 June 2018 attached hereto be registered as an industrial agreement in replacement of the ‘Main Roads APEA Enterprise Bargaining Agreement 2015’ which by operation of s 41(8) is hereby cancelled. Commissioner T Emmanuel PUBLIC SERVICE ARBITRATOR