CRISIS ASSISTANCE, SUPPORTED HOUSING INDUSTRY - WESTERN AUSTRALIAN INTERIM AWARD 2011

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Wungening Aboriginal Corporation

APPLICANT

-v-

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

RESPONDENTS

CORAM Senior Commissioner R Cosentino

DATE MONday, 12 FEBRuary 2024

FILE NO/S APPL 82 OF 2023

CITATION NO. 2024 WAIRC 00065

Result Award varied

Representation (on the papers)

Applicant SJF Work Advice Pty Ltd

First Respondent Western Australian Municipal, Administrative, Clerical and Services Union of Employees

Order

WHEREAS on 8 December 2023, Wungening Aboriginal Corporation filed an application seeking to vary clause 31 of the Crisis Assistance, Supported Housing Industry - Western Australian Interim Award 2011 pursuant to s 40 of the Industrial Relations Act 1979 (WA);

AND WHEREAS the application sought to delete reference to the Aboriginal Alcohol and Drug Service (AADS) Inc in clause 31 ‘Named Parties to the Award’, and substitute Wungening Aboriginal Corporation;

AND WHEREAS the grounds for the application were that the AADS changed its name to Wungening Aboriginal Corporation in 2017;

AND WHEREAS all parties to the Award were served with a copy of the application;

AND WHEREAS on 14 December 2023; the Western Australian Municipal, Administrative, Clerical and Services Union of Employees filed a response to the application advising it does not oppose the variations to clause 31 of the Award;

AND WHEREAS no party has opposed the application;

AND WHEREAS on 3 January 2024; further submissions were received by Wungening Aboriginal Corporation;

AND being satisfied that the applicant is a party to the Award, having standing to make the application;

AND further being satisfied that:

(a) the Award is not one that is for a limited duration, s 40(3) of the Act is inapplicable and no barrier to the amendments sought;

(b) the amendments proposed do not affect any substantive change to the scope of the Award or its area of operation. The application therefore does not attract the requirements of s 29A for publication of the proposed amendments or service on the s 29A parties; and

(c) it is appropriate to make the orders sought;

NOW THEREFORE, the Commission, pursuant to the powers conferred under the Act, hereby orders –

1. THAT the Crisis Assistance, Supported Housing Industry - Western Australian Interim Award 2011 be varied at clause 31 ‘Named Parties to the Award’ by deleting ‘Aboriginal Alcohol and Drug Service (AADS) (Inc) employed at the Refuge Service known as “Wooree Miya”’ and substituting ‘Wungening Aboriginal Corporation’.

2. THAT the variations in order 1 shall have effect from the date of this order.

Senior Commissioner R Cosentino