MUNICIPAL EMPLOYEES (WESTERN AUSTRALIA) AWARD 2021

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Western Australian Municipal, Administrative, Clerical and Services Union of Employees

APPLICANT

-v-

City of Kalamunda, Local Government, Racing and Cemeteries Employees Union (WA), Shire of Boddington, Shire of Dalwallinu, Shire of Yalgoo, Shire of Bridgetown Greenbushes, Shire of Bruce Rock, Shire of Carnamah, Shire of Dowerin, Shire of Goomalling, Shire of Halls Creek, Shire of Harvey, Shire of Kondinin, Shire of Laverton, Shire of Leonora, Shire of Murray, Shire of Nannup, Shire of Narembeen, Shire of Ravensthorpe, Shire of Sandstone, Shire of Three Springs, Shire of Victoria Plains, Shire of Wagin, Shire of Wandering, Shire of Waroona, Shire of Woodanilling, Western Australian Local Government Association

RESPONDENTS

CORAM Commissioner T B Walkington

DATE Monday, 29 January 2024

FILE NO. APPL 3 OF 2023

CITATION NO. 2024 WAIRC 00043

Result Direction issued

Representation 

Applicant Mr C Fogliani (of counsel)

Respondents Mr K Trainer (as agent)

  Mr M FitzGerald (as agent)

  Mr N Ellery (of counsel)

Direction

WHEREAS on 23 January 2024, the Commission issued directions in this matter: [2024] WAIRC 00027;

AND WHEREAS on 25 January 2024, the Western Australian Local Government Association (WALGA) notified the Commission that at the hearing on 17 January 2024, it had opposed the directions sought and that the Direction [2024] WAIRC 00027 issued was not “by consent” as described;

NOW THEREFORE the Commission notes the error in the direction issued and now pursuant to the powers conferred under the Industrial Relations Act 1979 (WA) (the Act) and hereby directs:

1. THAT the Direction [2024] WAIRC 00027 issued on 23 January 2024 be vacated.

2. THAT before 29 January 2024, and in accordance with sections 27(1)(o) and 27(1)(v) of the Act, the relevant respondents (City of Kalamunda, Shire of Boddington, Shire of Bruce Rock, Shire of Carnamah, Shire of Dowerin, Shire of Goomalling, Shire of Halls Creek, Shire of Harvey, Shire of Kondinin, Shire of Murray, Shire of Nannup, Shire of Narembeen, Shire of Ravensthorpe, Shire of Three Springs, Shire of Wagin, Shire of Wandering, Shire of Woodanilling, and Shire of Yalgoo) are to file with Registry a copy of the Equal Employment Opportunity Annual Workforce Data Spreadsheet that the relevant respondent completed and provided to the Public Sector Commission for the period of 2022‑2023.

3. THAT before 29 January 2024, and in accordance with sections 27(1)(o) and 27(1)(v) of the Act, WALGA shall file all documents relating to its ‘sector survey’ concerning proposed amendments to the Municipal Employees (Western Australia) Award 2021 (Award). This includes:

(a) The survey documents distributed by WALGA to local governments concerning the proposed amendments to the Award.

(b) The unredacted, individual responses received by WALGA from local governments.

4. THAT the disclosure of documents at direction 3 be limited to the representatives of the parties and officers of the parties’ organisations.

5. THAT the applicant’s application to vary the Award be listed for a hearing of 10 days, starting on a date not before 1 March 2024.

6. THAT no later than 14 days before the hearing date, the applicant shall file an outline of opening submissions.

7. THAT no later than 7 days before the hearing date, the respondents shall file an outline of opening submissions.

8. THAT the parties have liberty to apply on short notice.

Commissioner T B Walkington