Benchmark WA Industrial Relations Case Database

Commission's Own Motion

[2016] WAIRC 38 Full Bench (WAIRC) 2016-01-22 File: APPL 85/2015
Source
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

[P]Award (WA state system) [P]Award variation

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