The Commission in Court Session granted the amendment of CICS 5 of 2023, allowing the consolidation of applications CICS 5 of 2023 and CICS 9 of 2023, emphasising efficiency in addressing the broader issue of the capacity to represent industrial interests across local government enterprises.

The applicant sought orders under s 72A of the Industrial Relations Act 1979 (WA) asserting its exclusive right to represent the industrial interests of employees in the outside workforce at the City of Rockingham. Alternatively, the applicant sought orders confirming that the respondent did not possess such rights. The respondent, in response, filed CICS 8 of 2023, seeking orders to represent employees as carpenters, painters, and plant operators if it were determined that they lacked the right to represent them in the main application.

The Commission in Court Session, recognising the commonality of issues, ordered the consolidation of CICS 5 of 2023 and CICS 8 of 2023, with the Local Government, Cemeteries, and Racecourse Employees Union granted leave to intervene. Later, the applicant filed CICS 9 of 2023, extending the scope to 145 local government bodies statewide, maintaining the same orders but with different supporting grounds.

The applicant subsequently applied to amend CICS 5 of 2023 to align with the terms of CICS 9 of 2023 and sought to join and hear both applications together. The intervenor supported the amendment, while the respondent opposed it, arguing it amounted to an abuse of process. The central question was whether the amendment, combining the two applications, would expedite the proceedings and serve the objectives of the Act.

The Commission in Court Session, considering the broad discretion under s 72A, granted the amendment, emphasising that the real controversy involved the respondent's capacity to represent industrial interests broadly. The decision aimed at efficiency, avoiding separate hearings, and expeditiously addressing the broader issue of the respondent's representative role in local government enterprises. The Commission vacated existing directions and ordered the joined hearing of CICS 5 of 2023 and CICS 9 of 2023, finding this approach preferable in terms of time, resources, and overall resolution of the dispute.

The decision can be read here.