APPLICATIONS 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)

FIRST INTERVENOR

Western Australian Local Government Association

SECOND 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)

FIRST INTERVENOR

Western Australian Local Government Association

SECOND 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)

FIRST INTERVENOR

Western Australian Local Government Association

SECOND INTERVENOR

FILE NO/S CICS 9 OF 2023

CORAM COMMISSION IN COURT SESSION

  Chief Commissioner S J Kenner

  Senior Commissioner R Cosentino

  Commissioner T Emmanuel

DATE Friday, 15 March 2024

CITATION NO. 2024 WAIRC 00106

Result Direction 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

First Mr K Trainer as agent on behalf of the Local Government, Racing

Intervenor  and Cemeteries Employees Union (WA)

Second Mr N Ellery of counsel on behalf of the Western Australian

Intervenor  Local Government Association

Direction

HAVING heard Mr C Fogliani of counsel on behalf of the Western Australian Municipal, Administrative, Clerical and Services Union of Employees (WASU) and Mr J Nicholas of counsel on behalf of the Construction, Forestry, Mining and Energy Union of Workers (CFMEUW) and Mr K Trainer as agent on behalf of the Local Government, Racing and Cemeteries Employees Union (WA) (LGRCEU), and Mr N Ellery of counsel on behalf of the Western Australian Local Government Association (WALGA), the Commission in Court Session pursuant to the powers conferred on it by the Industrial Relations Act 1979 (WA), hereby directs –

(1)             THAT that on or before 3.00PM on 10 May 2024, the CFMEUW is to file:

(a) any documents it intends 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 it intends 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.

(2) THAT the WASU, the LGRCEU, and the WALGA are to file any documents and outlines of evidence they intend to rely upon in reply to that filed by the CFMEUW at par (1) above by no later than 3.00PM on 17 May 2024.

(3) THAT that the parties and intervenors give notice to one another and the Commission, of witnesses they require to attend at the proceedings for the purposes of cross‑examination by no later than 7 June 2024.

(4) THAT the WASU, the LGRCEU and the WALGA file written outlines of submissions and any lists of authorities upon which they intend to rely by no later than 3.00PM on 14 June 2024.

(5) THAT the CFMEUW file a written outline of submissions and any list of authorities upon which it intends to rely by no later than 3.00PM on 28 June 2024.

(6) THAT the parties and the intervenors have liberty to apply.

By the Commission in Court Session

CHIEF COMMISSIONER S J KENNER