Commission's Own Motion
Chief Commissioner Beech
Not yet cited by other cases
Applicant: Commission (Own Motion)
Ratio
The Commission cancelled the Hospital Employees' (Brightwater) Consolidated Award 1981 on its own motion under s47(1) of the IR Act 1979 (WA), having found that there were no employees to whom the award applied and the Union did not maintain its objection that the employer was a constitutional corporation.
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 · 5
- The Commission gave notice on 24 March 2010 of intention to cancel the Hospital Employees' (Brightwater) Consolidated Award 1981.
- At the hearing on 5 May 2010, the Health Services Union objected to cancellation on the basis of uncertainty whether the named employer was a constitutional corporation.
- The application was adjourned to allow the Union to provide submissions.
- The matter was relisted on 9 April 2015.
- At the 9 April 2015 hearing, the Union did not maintain its objection to the cancellation.
Factors
For
- The Commission formed the opinion that there were no employees to whom the award applied.
- The requirements of s47(3) of the Act were met.
- The Union withdrew its objection to cancellation.
Against
Legislation referenced
- Industrial Relations Act 1979 (WA) s47
Concept tags · 5
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 (288 words)
HOSPITAL EMPLOYEES' (BRIGHTWATER) CONSOLIDATED AWARD 1981
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 34 OF 2010
CITATION NO. 2015 WAIRC 00299
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 basis that it is not clear that the employer named as a party is a constitutional corporation;
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 Employees' (Brightwater) Consolidated Award 1981 be cancelled.
Chief Commissioner A R Beech