Western Australian Municipal, Administrative, Clerical and Services Union of Employees and another -v- (Not Applicable) and others
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: Unions
Jurisdiction: Commission in Court Session
Member/Magistrate name: Chief Commissioner S J Kenner, Senior Commissioner R Cosentino, Commissioner T Emmanuel
Delivery Date: 7 Apr 2025
Result: Direction issued
Citation: 2025 WAIRC 00226
WAIG Reference:
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 MONDAY, 7 APRIL 2025
CITATION NO. 2025 WAIRC 00226
Result Direction issued
Representation
Applicant Mr T Lettenmaier of counsel and with him Mr C Fogliani of counsel on behalf of the Western Australian Municipal, Administrative, Clerical and Services Union of Employees
Respondent Mr O Fagir of counsel and with him Mr M Cox of counsel on behalf of the Construction, Forestry, Mining and Energy Union of Workers
Second
Intervenor Mr K De Kerloy SC of counsel and with him Mr J Creese of counsel on behalf of the Western Australian Local Government Association
Direction
HAVING heard Mr T Lettenmaier of counsel and with him Mr C Fogliani of counsel on behalf of the WASU, Mr O Fagir of counsel and with him Mr M Cox of counsel on behalf of the CFMEUW, and Mr K De Kerloy SC of counsel and with him Mr J Creese 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 directs –
(1) THAT by 4.00 pm on 11 April 2025, the WASU file any further affidavit identifying by list the documents subject to the claim of privilege.
(2) THAT by 4.00 pm on 30 April 2025, the CFMEUW file any affidavit evidence in opposition to the WASU and the WALGA’s respective claims of privilege, together with an outline of submissions.
(3) THAT by 4.00 pm on 7 May 2025, the WASU and the WALGA file an outline of submissions in reply.
(4) THAT the matters be listed for hearing for one day on a date to be fixed.
(5) THAT there be liberty to apply on short notice.
By the Commission in Court Session
CHIEF COMMISSIONER S J KENNER
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 Monday, 7 April 2025
CITATION NO. 2025 WAIRC 00226
Result Direction issued
Representation
Applicant Mr T Lettenmaier of counsel and with him Mr C Fogliani of counsel on behalf of the Western Australian Municipal, Administrative, Clerical and Services Union of Employees
Respondent Mr O Fagir of counsel and with him Mr M Cox of counsel on behalf of the Construction, Forestry, Mining and Energy Union of Workers
Second
Intervenor Mr K De Kerloy SC of counsel and with him Mr J Creese of counsel on behalf of the Western Australian Local Government Association
Direction
HAVING heard Mr T Lettenmaier of counsel and with him Mr C Fogliani of counsel on behalf of the WASU, Mr O Fagir of counsel and with him Mr M Cox of counsel on behalf of the CFMEUW, and Mr K De Kerloy SC of counsel and with him Mr J Creese 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 directs –
(1) THAT by 4.00 pm on 11 April 2025, the WASU file any further affidavit identifying by list the documents subject to the claim of privilege.
(2) THAT by 4.00 pm on 30 April 2025, the CFMEUW file any affidavit evidence in opposition to the WASU and the WALGA’s respective claims of privilege, together with an outline of submissions.
(3) THAT by 4.00 pm on 7 May 2025, the WASU and the WALGA file an outline of submissions in reply.
(4) THAT the matters be listed for hearing for one day on a date to be fixed.
(5) THAT there be liberty to apply on short notice.
By the Commission in Court Session
CHIEF COMMISSIONER S J KENNER