Commission's Own Motion — Benchmark — WA Industrial Relations Case Database

Ratio

The Commission cancelled an award pursuant to s47 of the Industrial Relations Act 1979 (WA) because there were no employees to whom the award applied. The CFMEUW, which had initially objected on the basis that it was a common rule award, subsequently withdrew its objection at the hearing, and the Commission proceeded to cancel the award.

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 · 6

The Commission gave notice on 8 March 2010 of intention to cancel the award pursuant to s47 of the Act
CFMEUW filed a Notice of Objection on 4 May 2010 on the basis that the award was a common rule award
The Commission gave further notice on 15 January 2015 of intention to cancel the award
At the hearing on 5 March 2015, CFMEUW advised it had no issue with the award being cancelled
MBA advised it did not raise objection to the award being cancelled
The Commission was of the opinion that there were no employees to whom the award applied

Factors

For

No employee to whom the award applied
CFMEUW withdrawal of objection and confirmation that cancellation was appropriate
MBA consent to cancellation

Against

Initial objection by CFMEUW on the basis that the award was a common rule award

Legislation referenced

Industrial Relations Act 1979 (WA) s47
Industrial Relations Act 1979 (WA) s29A(2)(a)(i)

Concept tags · 3

[P]Award (WA state system) [P]Award variation [S]Mining / resources sector

Principles · 1

articulates para 6

An award may be cancelled under s47 of the Industrial Relations Act 1979 (WA) where the Commission is of the opinion that there is no employee to whom the award applies.

Related cases · 10

Decisions sharing two or more primary concepts with this case.

Citation	Court	Date	Outcome	Shared	Cited
[2006] WASCA 124 BHP Billiton Iron Ore Pty Ltd v Automotive, Food, Metals, Engineering,...	WA Court of Appeal	2006-06-27	Resolved	2	10
[2021] WASCA 76 THE SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES' ASSOCIATION OF WESTERN...	WA Court of Appeal	2021-05-03	Resolved	2	5
[2002] WASCA 354 Burswood Catering v Entertainment Pty Ltd	WA Court of Appeal	2002-12-18	Against applicant	2	1
[2023] WAIRC 801 Commission's Own Motion	WAIRC — Court Session	2023-10-06	For applicant	2	9
[2023] WAIRC 337 Commission's Own Motion	WAIRC — Court Session	2023-06-22	For applicant	2	9
[2023] WAIRC 912 Commission's Own Motion	WAIRC — Court Session	2023-11-21	Resolved	2	2
[2022] WAIRC 282 Commission's Own Motion	WAIRC — Court Session	2022-06-29	For applicant	2	2
[2019] WAIRC 869 The Pharmacy Guild of Western Australia v The Shop, Distributive and Allied...	WAIRC — Full Bench	2019-12-13	Resolved	2	2
[2013] WAIRC 795 Western Australian Municipal, Administrative, Clerical v Services Union Of Employees	WAIRC — Full Bench	2013-09-06	Resolved	2	2
[2006] WAIRC 3846 FBA 19 of 2005	WAIRC — Full Bench	2006-01-01	Resolved	2	2

Archived text (439 words)

IRON AND STEEL INDUSTRY WORKERS' (AUSTRALIAN IRON AND STEEL PTY. LTD.) PRODUCTION BONUS SCHEME AWARD WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES On the Commission's Own Motion CORAM Chief Commissioner A R Beech DATE Thursday, 25 June 2015 FILE NO/S APPL 38 OF 2010 CITATION NO. 2015 WAIRC 00463 Result Award cancelled Representation Ms S McGurk, Trades and Labor Council of WA Mr M Swinbourn, CFMEUW Order WHEREAS the Commission, being of the opinion that there was no employee to whom the following award applied, did give notice on the 8th day of March 2010 of an intention to make an order cancelling the award pursuant to s 47 of the Industrial Relations Act 1979 (“the Act”); AND WHEREAS the Commission served a copy of that notice and a notice of hearing for the 5th day of May 2010 on all named parties to the award; AND WHEREAS the Commission advised the parties listed in s 29A(2)(a)(i) of the Act and attorneys general of the above; AND WHEREAS on the 4th day of May 2010, the Construction, Forestry, Mining and Energy Union of Workers (“CFMEUW”) filed a Notice of Objection to the cancellation on the basis that it is a common rule award; === REASONS FOR DECISION === ¶1 AND WHEREAS the Commission, still being of the opinion that there was no employee to whom the award applied, did give notice on the 15th day of January 2015 of an intention to make an order cancelling the award pursuant to s 47 of the Act; ¶2 AND WHEREAS the Commission relisted this application for the 5th day of March 2015 to hear further submissions from the CFMEUW whether its objections were still maintained; ¶3 AND WHEREAS the Commission served a copy of the notice of hearing on the Master Builders’ Association of Western Australia (Union of Employers) Perth (“MBA”), Australian Mines and Metals Association, the Chamber of Commerce and Industry of Western Australia (Inc) and UnionsWA for their information; ¶4 AND WHEREAS the MBA by letter dated the 10th day of February 2015 advised that it does not raise objection to the award being cancelled; ¶5 AND WHEREAS at the hearing on the 5th day of March 2015, the CFMEUW advised that it has no issue with the award being cancelled and that it is quite appropriate for it to be cancelled; ¶6 NOW I, the undersigned, pursuant to the powers conferred on me by s 47(1) of the Act, do hereby order – ¶7 THAT the Iron and Steel Industry Workers’ (Australian Iron and Steel Pty. Ltd.) Production Bonus Scheme Award be cancelled. ¶8 Chief Commissioner A R Beech