Commission's Own Motion
Chief Commissioner Beech
Not yet cited by other cases
Applicant: Commission's Own Motion
Ratio
The Commission cancelled the Hospital Salaried Officers (Workpower) Award of 1996 pursuant to s47 of the Industrial Relations Act 1979 (WA), having given notice of intention to cancel on the basis that there was no employee to whom the award applied, and the Union ultimately did not object to the cancellation.
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 24 March 2010 of intention to cancel the award pursuant to s47 of the IR Act
- The Union initially objected to cancellation on the basis that it was not clear whether the employer named was a constitutional corporation and how cancellation might affect a federal enterprise bargaining agreement
- The application was adjourned for the Union to provide submissions
- The application was relisted on 9 April 2015
- At the hearing on 9 April 2015 the Union did not object to the cancellation
- The Commission found that there was no employee to whom the award applied
Factors
For
- No employee was found to whom the award applied
- Union withdrew its objections to cancellation
- Requirements of s47(3) of the Act were met
Against
Legislation referenced
- Industrial Relations Act 1979 (WA) s47
- Industrial Relations Act 1979 (WA) s47(3)
Concept tags · 4
Cases cited in this decision · 1
Applied
[2010] WAIRC 109
(not in corpus)
"…ing of the opinion that there was no employee to whom the following award applied, did give notice on the 24th day of March 2010 of an intention to make an order cancelling the award pursuant to s 47 of the...…"
Archived text (303 words)
HOSPITAL SALARIED OFFICERS (WORKPOWER) AWARD OF 1996
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES ON THE Commission's Own Motion
CORAM Chief Commissioner A R Beech
DATE Tuesday, 14 April 2015
FILE NO/S APPL 36 OF 2010
CITATION NO. 2015 WAIRC 00302
Result Award cancelled
Representation
Mr D Ellis and later Ms K Heal, on behalf of the Health Services Union of Western Australia (Union of Workers)
Order
WHEREAS the Commission, being of the opinion that there was no employee to whom the following award applied, did give notice on the 24th 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”) ([2010] WAIRC 00109);
AND WHEREAS at the hearing on the 5th day of May 2010, the Health Services Union of Western Australia (Union of Workers) (“the Union”) objected to the cancellation of the award on the bases that it is not clear (1) that the employer named as a party is a constitutional corporation, and (2) how the cancellation may affect the federal enterprise bargaining agreement;
AND WHEREAS this application was adjourned in order for the Union to provide submissions;
AND WHEREAS this application was relisted on the 9th day of April 2015 to hear further submissions from the Union whether its objections are still maintained;
AND WHEREAS at the hearing on the 9th day of April 2015 the Union did not object to the cancellation of the award;
AND WHEREAS the requirements of s 47(3) of the Act have been met;
AND HAVING given reasons for decision ex tempore;
NOW I, the undersigned, pursuant to the powers conferred on me by s 47(1) of the Act, do hereby order –
THAT the Hospital Salaried Officers (Workpower) Award of 1996 be cancelled.
Chief Commissioner A R Beech