Commission's Own Motion
Chief Commissioner Beech
Not yet cited by other cases
Ratio
The Commission varied the Clerks (Unions and Labor Movement) Award 2004 to remove named parties whose union registrations had been cancelled by the Full Bench, and to update Schedule A respondents following a review by the Registrar under s47 of the Industrial Relations Act 1979.
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 · 8
- The Federated Millers and Mill Employees' Union of Workers of Western Australia (FMMEU) had its registration cancelled on 21 August 2014
- The FMMEU was identified as a named party to the Award on 10 September 2014
- The Commission directed the Registrar on 12 January 2015 to apply for removal of FMMEU and to conduct a review of all named respondents in Schedule A
- The Registrar reported findings on 9 April 2015
- On 10 December 2015, the Commission sent revised Schedule A with proposed amendments to the named parties
- Health Services Union of Western Australia requested removal of Salaried Pharmacists' Association and WA Dental Technicians' and Employees' Union due to cancellation of their registrations on 16 April 2015
- The Australian Maritime Officers Union – Western Area consented to the proposed amendments on 14 January 2016
- No parties requested to be heard as of 15 January 2016
Concept tags · 2
Principles · 2
articulates para 4
The Registrar has jurisdiction under s47(2) and s47(3) of the Industrial Relations Act 1979 to initiate applications for removal of named parties to awards whose registration has been cancelled, and to conduct comprehensive reviews of all named respondents in an award's schedule
cites para 1
When a union's registration is cancelled, it must be removed as a named party to any award to which it is a respondent
Cases cited in this decision · 3
Cited
[2014] WAIRC 961
— The Registrar, Western Australian Industrial Relations Commission v The...
"…APPL 85 OF 2015 CITATION NO. 2016 WAIRC 00038 Result Award varied Order WHEREAS on 21 August 2014 the Full Bench of the Commission cancelled the registration of The Federated Millers and Mill Employees’ Union of...…"
Cited
[2015] WAIRC 311
— The Registrar, Western Australian Industrial Relations Commission v Salaried...
"…Association of Western Australia Union of Workers and the W.A. Dental Technicians’ and Employees’ Union of Workers, Perth be removed from Schedule A due to the cancellation of their registration by the Full Bench of...…"
Cited
[2015] WAIRC 310
— The Registrar, Western Australian Industrial Relations Commission v W.A....
"…ern Australia Union of Workers and the W.A. Dental Technicians’ and Employees’ Union of Workers, Perth be removed from Schedule A due to the cancellation of their registration by the Full Bench of this Commission on...…"
Archived text (1308 words)
CLERKS (UNIONS AND LABOR MOVEMENT) AWARD 2004
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES on the commission's Own Motion
CORAM Chief Commissioner A R Beech
DATE friday, 22 january 2016
FILE NO/S APPL 85 OF 2015
CITATION NO. 2016 WAIRC 00038
Result Award varied
Order
WHEREAS on 21 August 2014 the Full Bench of the Commission cancelled the registration of The Federated Millers and Mill Employees’ Union of Workers of Western Australia (FMMEU) [2014] WAIRC 00961;
AND WHEREAS on 10 September 2014 the Registrar identified that the FMMEU is a named party to the Clerks (Unions and Labor Movement) Award 2004 (the Award);
AND WHEREAS 12 January 2015 the Commission directed the Registrar pursuant to s 47(2) of Industrial Relations Act 1979 (the Act) that an application be created for the removal of FMMEU as a named party to the Award;
AND WHEREAS on 12 January 2015 the Commission directed the Registrar pursuant to s 47(3) of the Act to conduct an investigation to review the named respondents in Schedule A of the Award;
AND WHEREAS on 9 April 2015 the Registrar reported the findings of the review;
AND WHEREAS on 10 December 2015 the Commission sent to the named parties to the Award a revised Schedule A with proposed amendments;
AND WHEREAS the parties were advised that if they wished to be heard in relation to the proposed amendments to advise the Commission by email by 14 January 2016;
AND WHEREAS on 17 December 2015 the Health Services Union of Western Australia, Union of Employees requested that the Salaried Pharmacists’ Association of Western Australia Union of Workers and the W.A. Dental Technicians’ and Employees’ Union of Workers, Perth be removed from Schedule A due to the cancellation of their registration by the Full Bench of this Commission on 16 April 2015 [2015] WAIRC 00311; [2015] WAIRC 00310;
AND WHEREAS on 14 January 2016 The Australian Maritime Officers Union – Western Area Union of Employees filed a Notice of answer consenting to the proposed amendments sent on 10 December 2015;
AND WHEREAS at 15 January 2016 no party had contacted the Commission wishing to be heard;
NOW THEREFORE I, the undersigned, pursuant to the powers conferred on it under the Act hereby order:
THAT the Clerks (Unions and Labor Movement) Award 2004 be varied in accordance with the following schedule and that such variation shall have effect on or from 22 January 2016.
Chief Commissioner A R Beech
SCHEDULE
SCHEDULE “A” – RESPONDENTS: Delete SCHEDULE “A” and replace with the following in lieu thereof:
S C HEDULE “ A” – RESPONDENTS
Union Employers registered under Industrial Relations Act 1979
Australian Institute of Marine and Power Engineers, Western Australian Union of Workers
1/169 Stock Road
PALMYRA WA 6157
Australian Medical Association (WA) Incorporated
14 Stirling Highway
NEDLANDS WA 6009
Building Trades Association of Unions of Western Australia (Association of Workers)
82 Royal Street
EAST PERTH WA 6004
Electrical Trades Union WA
Unit 24, 257 Balcatta Road
BALCATTA WA 6021
Health Services Union of Western Australia (Union of Workers)
8 Coolgardie Terrace
PERTH WA 6000
Mining Unions Association of Employees of Western Australia (Iron Ore Industry)
PO Box 6289
Seamen's Union of Australia, West Australian Branch
2nd Floor, 2-4 Kwong Alley
NORTH FREMANTLE WA 6159
The Association of Professional Engineers, Australia (Western Australian Branch)
Organisation of Employees
Suite 1/12-14 Thelma Street
WEST PERTH WA 6005
The Australian Collieries' Staff Association, Western Australian Branch
Level 1, 491 Kent Street
SYDNEY NSW 2000
The Australian Maritime Officers Union - Western Area Union of Employees
1 High Street
FREMANTLE WA 6160
The Australian Nursing Federation, Industrial Union of Workers Perth
260 Pier Street
The Australian Rail, Tram and Bus Industry Union of Employees, West Australian Branch
2/10 Nash Street
The Australian Workers' Union, West Australian Branch, Industrial Union of Workers
Level 3, 25 Barrack Street
The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers -
Western Australian Branch
121 Royal Street
The Boot Trade of Western Australia Union of Workers, Perth
110 Charles Street
The Breweries and Bottleyards Employees' Industrial Union of Workers of Western Australia
Unit 11, 64 Bannister Road
CANNING VALE WA 6155
The Civil Service Association of Western Australia Incorporated
Level 5, 445 Hay Street
The Coal Miners' Industrial Union of Workers of Western Australia, Collie
c/- Mineworkers Institute, 75 Throssell Street
COLLIE WA 6225
The Construction, Forestry, Mining and Energy Union of Workers
80 Beaufort Street
The Disabled Workers' Union of Western Australia
78 A Collingwood Street
OSBORNE PARK WA 6017
The Food Preservers' Union of Western Australia Union of Workers
5th Floor, 25 Barrack Street
The Independent Education Union of Western Australia, Union of Employees
PO Box 739
BELMONT WA 6984
The Plumbers and Gasfitters Employees' Union of Australia, West Australian Branch,
Industrial Union of Workers
The Shop, Distributive and Allied Employees' Association of Western Australia
The State School Teachers' Union of W.A. (Incorporated)
150-152 Adelaide Terrace
The Western Australian Clothing and Allied Trades' Industrial Union of Workers, Perth
c/- Textile Clothing and Footwear Union of Australia (National Office) 359 Exhibition Street
MELBOURNE VIC 3000
The Western Australian Gold and Nickel Mines Supervisors Association Industrial Union of Workers
18 Sturt Pea Crescent
KAMBALDA WEST WA 6444
Transport Workers' Union of Australia, Industrial Union of Workers, Western Australian Branch
Suite 302, 3rd Floor 82 Beaufort Street
United Firefighters Union of Australia West Australian Branch
21 View Street
NORTH PERTH WA 6006
University of Western Australia Academic Staff Association
W2 Winthrop Tower, University of Western Australia, 35 Stirling Highway
CRAWLEY WA 6009
Western Australian Grain Handling Salaried Officers Association (Union of Workers)
30 Delhi Street
Western Australian Municipal, Administrative, Clerical and Services Union of Employees
Kenafick House, 102 East Parade
Western Australian Municipal, Road Boards, Parks and Racecourse Employees' Union of Workers,
Perth
112 Charles Street
Western Australian Police Union of Workers
639 Murray Street
Western Australian Prison Officers' Union of Workers
63 Railway Parade
MT LAWLEY WA 6050
Union Employers registered under Fair Work (Registered Organisations)Act 2009
Australian Education Union
Australian Municipal, Administrative, Clerical and Services Union
102 East Parade
Australian Nursing and Midwifery Federation
Australian Rail, Tram and Bus Industry Union
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Communication Workers Union Division
196 Lord Street
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and
Allied Services Union of Australia, Electrical, Energy & Services Division
Construction, Forestry, Mining and Energy Union
CPSU, the Community and Public Sector Union
1/445 Hay Street
Finance Sector Union of Australia
3rd Floor, 165 Adelaide Terrace
Health Services Union
Independent Education Union of Australia
Suite 20, 63 Knutsford Avenue
RIVERVALE WA 6103
Media, Entertainment and Arts Alliance
Suite 1, 12 – 14 Thelma Street
Musicians' Union of Australia
10 Black Street
MONT ALBERT VIC 3127
National Tertiary Education Industry Union
Level 3, 27 Railway Road (Corner of Alvan Street)
SUBIACO WA 6008
Plumbing Division of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing
and Allied Services Union of Australia
2nd Floor, 52 Victoria Street
CARLTON SOUTH VIC 3053
Shop, Distributive and Allied Employees Association
Textile, Clothing and Footwear Union of Australia
359 Exhibition Street
The Association of Professional Engineers, Scientists and Managers, Australia
Suite 1 12-14 Thelma Street
The Australasian Meat Industry Employees Union
227 Henley Beach Road
TORRENSVILLE SA 5031
The Australian Institute of Marine and Power Engineers
The Australian Maritime Officers' Union
The Australian Workers' Union
The Maritime Union of Australia
Level 2, 2-4 Kwong Alley
Transport Workers' Union of Australia
Suite 302, 3rd Floor Labour Centre
82 Beaufort Street
Union of Christmas Island Workers
PO Box 84
Christmas Island
INDIAN OCEAN WA 6798
United Firefighters' Union of Australia
North Perth WA 6006
United Voice
54 Cheriton Street
Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and
Racecourse, Public Authorities Water Boards Union