The applicant union filed an application to amend the Municipal Employees WA Award 2021. The application was served to 25 local government respondents and the West Australian Local Government Association (WALGA), the latter of whom represented several of the respondents in the proceedings.
During the proceedings, WALGA applied for a stay of a direction directing the organisation to file documents relating to its ‘sector survey’ concerning proposed amendments to the award. Chief Commissioner Kenner granted the stay application, pending the hearing and determination of an appeal, and directed that should the appeal be dismissed, the documents must be filed within two working days. Shortly thereafter, the appeal was dismissed.
Following the dismissal of the appeal, WALGA sought to redact certain information from the documents it produced, including personal information of local government employees and responses from non-respondent employers. The applicant objected to these redactions, arguing that the information was relevant to the proceedings and that the confidentiality directions already in place were sufficient. The Local Government, Racing and Cemeteries Union (WA) (LGREU) and several shires also objected to WALGA's application for redactions.
Commissioner Walkington determined that the Commission lacked power to vary orders made by the Chief Commissioner in stay proceedings under s 49(11) of the Industrial Relations Act 1979. Additionally, the Commissioner noted that the variations sought by WALGA were effectively a rehearing of issues previously decided, and the doctrine of res judicata precluded the Commission from rehearing these issues. The Commissioner therefore dismissed the application to vary orders.
The decision can be read here.