Benchmark WA Industrial Relations Case Database

Western Australian Police Union of Workers, Civil Service Association of Western Australia Incorporated v Commissioner of Police

[2016] WAIRC 904 Single Commissioner (WAIRC) 2016-12-01 File: APPL 72/2016
Source
Commissioner Matthews
Not yet cited by other cases
Applicant: Western Australian Police Union of Workers, Civil Service Association of Western Australia Incorporated
Respondent: Commissioner of Police

Ratio

The Commission declared that bargaining between the Western Australian Police Union of Workers, the Civil Service Association of Western Australia Incorporated and the Commissioner of Police had ended, pursuant to s42H of the Industrial Relations Act 1979 (WA), on the basis of a consent order signed by all parties.

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 · 4

  • An order was made on 12 October 2016 in Application 53 of 2016 declaring bargaining to be at an end
  • The parties formed the view that Application 53 of 2016 should have been made to a Public Service Arbitrator rather than the WAIRC
  • The current application was in identical terms to Application 53 of 2016
  • A Minute of Consent Order was signed by all parties

Legislation referenced

  • Industrial Relations Act 1979 (WA) s42H
  • Industrial Relations Act 1979 (WA) s47

Concept tags · 6

[P]Good faith bargaining [P]WA police officer (MCE Act applies) [S]Registered industrial agreement (WA) [S]Conciliation and arbitration powers [S]Consent orders [M]Public sector matter (general WAIRC jurisdiction post-PSAB)

Cases cited in this decision · 2

Cited
[2016] WAIRC 905 — A. Goninan &amp
"…n Police Union of Workers and the Civil Service Association of Western Australia Incorporated and the Commissioner of Police has ended. (Sgd.) D J MATTHEWS, [L.S.] Commissioner. NOTICES—Cancellation of...…"
Cited
[2016] WAIRC 882 — Matthew Crowley v Department of Commerce
"…008. Application Number Award, order or industrial agreement varied Parties Commissioner Matter Dates Result APPL 69/2016 N/A N/A N/A Scott CC Request for mediation 28/11/2016 5/12/2016 Concluded PUBLIC SECTOR...…"
Archived text (955 words)
CITATION NO. 2016 WAIRC 00904 Result Declaration made Representation On the papers Declaration HAVING made an order on 12 October 2016 in Application 53 of 2016 involving the same parties as those to this application declaring bargaining to be at an end pursuant to section 42H Industrial Relations Act 1979 (WA); and HAVING been informed by the parties that they have formed the view that Application 53 of 2016 should have been made to a Public Service Arbitrator rather than the Western Australian Industrial Relations Commission; and WHEREAS the current application is in identical terms to the application in Application 53 of 2016; and WHEREAS I have been provided with a Minute of Consent Order signed on behalf of the Western Australian Police Union of Workers, the Civil Service Association of Western Australia Incorporated and the Commissioner of Police; NOW THEREFORE I pursuant to the section 42H Industrial Relations Act 1979 (WA) declare that the bargaining between the Western Australian Police Union of Workers and the Civil Service Association of Western Australia Incorporated and the Commissioner of Police has ended. (Sgd.) D J MATTHEWS, [L.S.] Commissioner. NOTICES—Cancellation of Awards/Agreements/Respondents—under Section 47— 2016 WAIRC 00905 NOTICE WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION TAKE NOTICE that the Commission acting pursuant to Section 47 of the Industrial Relations Act 1979, intends, by order, to cancel the following Agreements, namely the - 1. A. Goninan & Co. Limited Bassendean Enterprise Agreement 2003 2. A.B.B. James Watt Pty Ltd Nelson Point Development Project (Enterprise Bargaining Agreement) AG 21 of 1993 3. ABB Power Transmission Distribution Transformers Division, Osborne Park Location (Enterprise Bargaining Agreement )1993 4. ABB-EPT Construction Pty Ltd Western Region (Paraburdoo Fines Further Processing Project) Enterprise Bargaining Agreement No. 19 of 1995 5. ABB – EPT Construction Pty Ltd (Alcoa Kwinana B – 30 Project) Enterprise Bargaining Agreement 6. ABB Power Transmission, Distribution Transformer Division, Osborne Park Enterprise Agreement 1994 7. ABB-EPT Construction Pty Ltd Western Region (Kwinana) Enterprise Bargaining Agreement 1994 8. ABB Engineering Construction Pty Ltd Western Australia (Alcoa Wagerup Refinery Maintenance) Enterprise Bargaining Agreement No. AG 189 of 1996 9. ABB Engineering Construction Pty Ltd Western Australia (Alcoa Kwinana Refinery Maintenance) Enterprise Bargaining Agreement No. AG 190 of 1996 96 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1647 10. ABB Engineering Construction Pty Ltd Western Australia (Alcoa Pinjarra Refinery Maintenance) Enterprise Bargaining Agreement No. AG 191 of 1996 11. ABB Engineering Construction Pty Ltd, Western Australia (Kwinana Factory) Enterprise Bargaining Agreement 12. ABB ALSTOM POWER LTD - Power Plant Maintenance (W.A.) Agreement 13. ABB Australia Pty Limited, (ATCS) Component Service, Automation Technology Division, WA Enterprise Agreement, 2003-2006 14. ACI Plastics Packaging Bentley Enterprise Agreement 2004 15. Air Drill Enterprise Agreement 2000 16. All Ports Terminal and Zone Maintenance Enterprise Agreement 2004 17. Aluminium Fabrication Industry Traineeship Agreement 18. Aluminium Finishing Traineeship Agreement No. AG 13 of 1988 19. AMCOR Beverage Cans, Canningvale Operation, Enterprise Bargaining Agreement 2003 to 2006 20. Amec Services Pty Ltd Alcoa Projects Enterprise Bargaining Agreement 2001 – 2003 21. Apprentices Fitting and Turning – The Minister for Agriculture Industrial Agreement 22. Atlas Copco Australia Pty Limited Perth WA Enterprise Agreement 1999 23. Australian Poultry Limited (Osborne Park) Enterprise Bargaining Agreement 1994 24. Australian Glass Manufacturers Co. Perth, Maintenance Trades (Enterprise Bargaining) Agreement 1993 25. Australian Glass Manufacturers Co. Perth, Maintenance Trades (Enterprise Bargaining) Agreement 1994 26. ACI Glass Packaging - Perth, Maintenance Trades (Enterprise Bargaining) Agreement 2003 27. ANI Products (WA) Division Enterprise Bargaining Consent Agreement 1993 28. ANI Bradken Perth, Western Australian Enterprise Bargaining Agreement 1996 29. ANI Bradken - Western Australia Enterprise Bargaining Agreement 1998 30. Automotive Dismantler Youth Traineeship Agreement 31. Bains Harding Industries (South West Division) Enterprise Bargaining Agreement 32. Bains Harding Industries (Western Power - Kwinana) Enterprise Bargaining Agreement 1998 33. Bains Harding Industries (Worsley Alumina) Enterprise Bargaining Agreement 1998 34. Bains Harding Industries (Alcoa Wagerup) Enterprise Bargaining Agreement 1998 35. Bains Harding Industries (Wesfarmers CSBP) Enterprise Bargaining Agreement 1998 36. Bains Harding Industries (Alcoa Kwinana) Enterprise Bargaining Agreement 1998 37. Bains Harding Industries (Manufacturing Division) Enterprise Bargaining Agreement 38. Bartter Enterprises Pty Ltd (Maintenance Division) Certified Agreement 2004 39. Benchmark Recruitment (WA) Pty Ltd (CBH Kwinana) Maintenance Agreement 2002 40. Beltreco Limited (North West) Enterprise Bargaining Agreement 1997 41. Beltreco Ltd (WA) Malaga Operations Enterprise Agreement 1999 42. Beltreco North West Operations Enterprise Bargaining Agreement 2000 43. BHP Building Products Osborne Park Enterprise Agreement 2000/2001 44. BHP Steel - Rod & Bar Products - Kwinana Works - Steel Industry Enterprise Bargaining Agreement 1993 45. BHP Iron Ore Enterprise Bargaining Agreement 1997 46. B.H.P. Transport - Kwinana Enterprise Bargaining Agreement, 1993 47. BHP Transport Kwinana Enterprise Bargaining Agreement, 1995 48. BHP Transport Pty Ltd Kwinana Bulk Materials Handling Enterprise Agreement 1998 49. Binder (WA) Enterprise Bargaining Agreement 1999 50. Bibra Lake Fabrication Workshop Enterprise Agreement 2003 51. Email Major Appliances - Belmont Service Technicians Enterprise Agreement 2000 on the grounds that there is no employee to whom the Agreements apply. Any person who has a sufficient interest in the matter may, within 30 days of the date of the publication of this notice, object to the Commission making such order. Please quote File No. Admin 130/2016 on all correspondence. Dated at Perth this 30th day of November 2016 (Sgd.) S BASTIAN [L.S.] Registrar 1648 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 96 W.A.I.G. EMPLOYMENT DISPUTE RESOLUTION ACT 2008—Notation of— The following were matters before the Commission under the Employment Dispute Resolution Act 2008. Application Number Award, order or industrial agreement varied Parties Commissioner Matter Dates Result APPL 69/2016 N/A N/A N/A Scott CC Request for mediation 28/11/2016 5/12/2016 Concluded PUBLIC SECTOR MANAGEMENT ACT 1994—Matters dealt with— 2016 WAIRC 00882 REFERRAL TO COMMISSION UNDER PUBLIC SECTOR MANAGEMENT ACT 1994 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION