Western Australian Local Government Association -v- Western Australian Municipal, Administrative, Clerical and Services Union of Employees, Local Government, Racing and Cemeteries Employees Union (WA), City of Kalamunda, Shire of Carnamah, Shire of Dalwallinu, 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, Shire of Yalgoo, Shire of Bridgetown Greenbushes, Shire of Dowerin, Shire of Boddington, Shire of Bruce Rock
Document Type: Order
Matter Number: PRES 1/2024
Matter Description: A stay of operation of the Order in matter number APPL 3/2023 which is the subject of FBA 4/2024
Industry: Local Government
Jurisdiction: President
Member/Magistrate name: Chief Commissioner S J Kenner
Delivery Date: 22 Feb 2024
Result: Order and Declaration issued
Citation: 2024 WAIRC 00081
WAIG Reference: 104 WAIG 280
A STAY OF OPERATION OF THE ORDER IN MATTER NUMBER APPL 3/2023 WHICH IS THE SUBJECT OF FBA 4/2024
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION
APPLICANT
-V-
WESTERN AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION OF EMPLOYEES, LOCAL GOVERNMENT, RACING AND CEMETERIES EMPLOYEES UNION (WA), CITY OF KALAMUNDA, SHIRE OF CARNAMAH, SHIRE OF DALWALLINU, 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, SHIRE OF YALGOO, SHIRE OF BRIDGETOWN GREENBUSHES, SHIRE OF DOWERIN, SHIRE OF BODDINGTON, SHIRE OF BRUCE ROCK
RESPONDENTS
CORAM CHIEF COMMISSIONER S J KENNER
DATE THURSDAY, 22 FEBRUARY 2024
FILE NO/S PRES 1 OF 2024
CITATION NO. 2024 WAIRC 00081
Result Order and Declaration issued
Representation
WALGA : Ms S Lyon as agent
WASU : Mr C Fogliani of counsel
LGRCEU : Mr K Trainer as agent
Declaration and Order
This matter having come before me on the papers on 20 February 2024, and having heard Mr C Fogliani of counsel on behalf of the Western Australian Municipal, Administrative, Clerical and Services Union of Employees, Mr K Trainer as agent on behalf of the Local Government, Racing and Cemeteries Employees Union (WA) and Ms S Lyon as agent on behalf of the Western Australian Local Government Association, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), I hereby declare and order by consent as follows —
(1) THAT the applicant has a sufficient interest as required by s 49(11) of the Act to apply for the orders set out herein.
(2) THAT appeal FBA 4 of 2024 has been instituted within the meaning of s 49(11) of the Act.
(3) THAT the operation of direction 3 of the directions made on 29 January 2024 in APPL 3 of 2023 be and is hereby stayed pending the hearing and determination of appeal FBA 4 of 2024.
(4) THAT the Western Australian Local Government Association undertakes that in the event the appeal in FBA 4 of 2024 is dismissed, the documents referred to in direction 3 of the directions made on 29 January 2024 in APPL 3 of 2023 will be filed within two working days of the disposition of the appeal.
(5) THAT the parties have liberty to apply on short notice.
CHIEF COMMISSIONER S J KENNER
A STAY OF OPERATION OF THE ORDER IN MATTER NUMBER APPL 3/2023 WHICH IS THE SUBJECT OF FBA 4/2024
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Western Australian Local Government Association
APPLICANT
-v-
Western Australian Municipal, Administrative, Clerical and Services Union of Employees, Local Government, Racing and Cemeteries Employees Union (WA), City of Kalamunda, Shire of Carnamah, Shire of Dalwallinu, 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, Shire of Yalgoo, Shire of Bridgetown Greenbushes, Shire of Dowerin, Shire of Boddington, Shire of Bruce Rock
RESPONDENTS
CORAM Chief Commissioner S J Kenner
DATE thursday, 22 February 2024
FILE NO/S PRES 1 OF 2024
CITATION NO. 2024 WAIRC 00081
Result Order and Declaration issued
Representation
WALGA : Ms S Lyon as agent
WASU : Mr C Fogliani of counsel
LGRCEU : Mr K Trainer as agent
Declaration and Order
This matter having come before me on the papers on 20 February 2024, and having heard Mr C Fogliani of counsel on behalf of the Western Australian Municipal, Administrative, Clerical and Services Union of Employees, Mr K Trainer as agent on behalf of the Local Government, Racing and Cemeteries Employees Union (WA) and Ms S Lyon as agent on behalf of the Western Australian Local Government Association, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), I hereby declare and order by consent as follows —
(1) THAT the applicant has a sufficient interest as required by s 49(11) of the Act to apply for the orders set out herein.
(2) THAT appeal FBA 4 of 2024 has been instituted within the meaning of s 49(11) of the Act.
(3) THAT the operation of direction 3 of the directions made on 29 January 2024 in APPL 3 of 2023 be and is hereby stayed pending the hearing and determination of appeal FBA 4 of 2024.
(4) THAT the Western Australian Local Government Association undertakes that in the event the appeal in FBA 4 of 2024 is dismissed, the documents referred to in direction 3 of the directions made on 29 January 2024 in APPL 3 of 2023 will be filed within two working days of the disposition of the appeal.
(5) THAT the parties have liberty to apply on short notice.
Chief Commissioner S J Kenner