Western Australian Municipal, Administrative, Clerical and Services Union of Employees; The Construction, Forestry, Mining and Energy Union of Workers; Western Australian Municipal, Clerical and Services Union of Employees -v- (Not Applicable), The Construction, Forestry, Mining and Energy Union of Workers - SECTION 29B PARTY, Local Government, Racing and Cemeteries Employees Union (WA) - INTERVENOR; (Not Applicable), Western Australian Municipal, Administrative, Clerical and Services Union of Employees (SECTION 29B PARTY), Racing and Cemeteries Employees Union (WA) - SECTION 29B PARTY
Document Type: Order
Matter Number: CICS 5/2023
Matter Description: Application pursuant to s 72A that the Western Australian Municipal, Administrative, Clerical and Services Union of Employees has the right, to the exclusion of the Construction, Forestry, Mining and Energy Union of Workers, to represent the industrial interests of all outside employees employed in the City of Rockingham
Industry: Personal and Other Services
Jurisdiction: Commission in Court Session
Member/Magistrate name: Chief Commissioner S J Kenner, Senior Commissioner R Cosentino, Commissioner T Emmanuel
Delivery Date: 9 Feb 2024
Result: Orders and directions issued
Citation: 2024 WAIRC 00062
WAIG Reference:
APPLICATION PURSUANT TO S 72A
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES WESTERN AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION OF EMPLOYEES
APPLICANT
-V-
THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS
RESPONDENT
LOCAL GOVERNMENT, RACING AND CEMETERIES EMPLOYEES UNION (WA)
INTERVENOR
FILE NO/S CICS 5 OF 2023
PARTIES THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS
APPLICANT
-V-
WESTERN AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION OF EMPLOYEES
RESPONDENT
LOCAL GOVERNMENT, RACING AND CEMETERIES EMPLOYEES UNION (WA)
INTERVENOR
FILE NO/S CICS 8 OF 2023
PARTIES WESTERN AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION OF EMPLOYEES
APPLICANT
-V-
THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS
RESPONDENT
LOCAL GOVERNMENT, RACING AND CEMETERIES EMPLOYEES UNION (WA)
INTERVENOR
FILE NO/S CICS 9 OF 2023
CORAM CHIEF COMMISSIONER S J KENNER
SENIOR COMMISSIONER R COSENTINO
COMMISSIONER T EMMANUEL
DATE FRIDAY, 9 FEBRUARY 2024
CITATION NO. 2024 WAIRC 00062
Result Orders and directions issued
Representation
APPLICANT MR C FOGLIANI OF COUNSEL ON BEHALF OF THE WESTERN AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION OF EMPLOYEES
RESPONDENT MR J NICHOLAS OF COUNSEL ON BEHALF OF THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS
INTERVENOR MR K TRAINER AS AGENT ON BEHALF OF LOCAL GOVERNMENT, RACING AND CEMETERIES EMPLOYEES UNION (WA)
Proposed Mr D White of counsel on behalf of the Western Australian Local
Intervenor Government Association
Orders and Directions
HAVING heard Mr C Fogliani of counsel on behalf of the WASU and Mr J Nicholas of counsel on behalf of the CFMEUW and Mr K Trainer as agent on behalf of the LGRCEU, and Mr D White of counsel on behalf of the WALGA, the Commission in Court Session pursuant to the powers conferred on it by the Industrial Relations Act 1979 (WA), hereby –
(1) ORDERS that the WALGA be and is hereby granted leave to intervene in applications CICS 5 of 2023, CICS 8 of 2023 and CICS 9 of 2023.
(2) DIRECTS that on or before 16 February 2024, the WALGA file a response in applications CICS 5 of 2023, CICS 8 of 2023 and CICS 9 of 2023.
(3) DIRECTS that pars (5) and (6) of the Commission’s order and directions dated 20 December 2023 be and are hereby revoked and that on or before 13 March 2024, the WASU, the LGRCEU, and the WALGA are to file:
(a) any documents they intend to rely upon in support of applications CICS 5 of 2023, CICS 8 of 2023 and CICS 9 of 2023; and
(b) an outline of evidence for each witness whom they intend to call to give evidence in support of applications CICS 5 of 2023, CICS 8 of 2023 and CICS 9 of 2023, such outlines of evidence to comply with Practice Note 9 of 2021.
(4) DIRECTS that the matters be listed for a further directions hearing on 15 March 2024 at 9.15AM.
(5) DIRECTS that the parties, the LGRCEU and the WALGA have liberty to apply.
By the Commission in Court Session
CHIEF COMMISSIONER S J KENNER
APPLICATION PURSUANT TO S 72A
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Western Australian Municipal, Administrative, Clerical and Services Union of Employees
APPLICANT
-v-
The Construction, Forestry, Mining and Energy Union of Workers
RESPONDENT
Local Government, Racing and Cemeteries Employees Union (WA)
INTERVENOR
FILE NO/S CICS 5 OF 2023
PARTIES The Construction, Forestry, Mining and Energy Union of Workers
APPLICANT
-v-
Western Australian Municipal, Administrative, Clerical and Services Union of EmployeeS
RESPONDENT
Local Government, Racing and Cemeteries Employees Union (WA)
INTERVENOR
FILE NO/S CICS 8 OF 2023
PARTIES Western Australian Municipal, Administrative, Clerical and Services Union of Employees
APPLICANT
-v-
The Construction, Forestry, Mining and Energy Union of Workers
RESPONDENT
Local Government, Racing and Cemeteries Employees Union (WA)
INTERVENOR
FILE NO/S CICS 9 OF 2023
CORAM Chief Commissioner S J Kenner
Senior Commissioner R Cosentino
Commissioner T Emmanuel
DATE FRIDay, 9 February 2024
CITATION NO. 2024 WAIRC 00062
Result Orders and directions issued
Representation
Applicant Mr C Fogliani of counsel on behalf of the Western Australian Municipal, Administrative, Clerical and Services Union of Employees
Respondent Mr J Nicholas of counsel on behalf of the Construction, Forestry, Mining and Energy Union of Workers
Intervenor Mr K Trainer as agent on behalf of Local Government, Racing and Cemeteries Employees Union (WA)
Proposed Mr D White of counsel on behalf of the Western Australian Local
Intervenor Government Association
Orders and Directions
HAVING heard Mr C Fogliani of counsel on behalf of the WASU and Mr J Nicholas of counsel on behalf of the CFMEUW and Mr K Trainer as agent on behalf of the LGRCEU, and Mr D White of counsel on behalf of the WALGA, the Commission in Court Session pursuant to the powers conferred on it by the Industrial Relations Act 1979 (WA), hereby –
(1) ORDERS that the WALGA be and is hereby granted leave to intervene in applications CICS 5 of 2023, CICS 8 of 2023 and CICS 9 of 2023.
(2) DIRECTS that on or before 16 February 2024, the WALGA file a response in applications CICS 5 of 2023, CICS 8 of 2023 and CICS 9 of 2023.
(3) DIRECTS that pars (5) and (6) of the Commission’s order and directions dated 20 December 2023 be and are hereby revoked and that on or before 13 March 2024, the WASU, the LGRCEU, and the WALGA are to file:
(a) any documents they intend to rely upon in support of applications CICS 5 of 2023, CICS 8 of 2023 and CICS 9 of 2023; and
(b) an outline of evidence for each witness whom they intend to call to give evidence in support of applications CICS 5 of 2023, CICS 8 of 2023 and CICS 9 of 2023, such outlines of evidence to comply with Practice Note 9 of 2021.
(4) DIRECTS that the matters be listed for a further directions hearing on 15 March 2024 at 9.15AM.
(5) DIRECTS that the parties, the LGRCEU and the WALGA have liberty to apply.
By the Commission in Court Session
CHIEF COMMISSIONER S J KENNER