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 TUESDAY, 7 OCTOBER 2025

FILE NO/S CICS 5 OF 2023, CICS 8 OF 2023, CICS 9 OF 2023

CITATION NO. 2025 WAIRC 00832

Result Order issued

Representation

Applicant Mr J Blackburn SC of counsel on behalf of the Western Australian Municipal, Administrative, Clerical and Services Union of Employees

Respondent Mr M Cox of counsel on behalf of the Construction, Forestry, Mining and Energy Union of Workers

First Intervenor Mr K Trainer on behalf of the Local Government, Racing and Cemeteries Employees Union (WA)

Second

Intervenor Mr N Ellery of counsel on behalf of the Western Australian Local Government Association

Order

HAVING heard Mr J Blackburn SC of counsel on behalf of the WASU, Mr M Cox of counsel on behalf of the CFMEUW, Mr K Trainer on behalf of the LGRCEU, and Mr N Ellery of counsel on behalf of the WALGA, the Commission in Court Session, for reasons to be published in due course, pursuant to the powers conferred on it by the Industrial Relations Act 1979 (WA), hereby orders –

(1) THAT in relation to the application by the CFMEUW filed on 26 September 2025 to adduce further evidence from Mr N Fisher as contained in a Second Outline of Evidence of Nathan Fisher:

(a) Any such evidence which is responsive to evidence already led in these proceedings is to be given orally; and

(b) Subject to par (2) below any such evidence which is new evidence that is, evidence that is neither responsive nor about a topic covered by Mr Fisher’s witness outline dated 10 May 2024, is not to be adduced.

(2) THAT the CFMEUW be permitted to adduce new evidence through Mr Fisher in relation to its purging of its membership register provided it file a list of members employed in the Local Government industry purged from its register of members because of these proceedings including:

(a) The name of the member;

(b) The occupation of the member;

(c)              The member’s Local Government employer; and

(d)             The date the member was purged from the register

by no later than 4.00 pm Monday, 13 October 2025.

By the Commission in Court Session

CHIEF COMMISSIONER S J KENNER