Commission's Own Motion -v- (Not applicable)
Document Type: Order
Matter Number: APPL 85/2015
Matter Description: Clerks (Unions and Labor Movement) Award 2004
Industry: Clerks
Jurisdiction: Single Commissioner
Member/Magistrate name: Chief Commissioner A R Beech
Delivery Date: 22 Jan 2016
Result: Award varied
Citation: 2016 WAIRC 00038
WAIG Reference: 96 WAIG 128
CLERKS (UNIONS AND LABOR MOVEMENT) AWARD 2004
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES ON THE COMMISSION'S OWN MOTION
CORAM CHIEF COMMISSIONER A R BEECH
DATE FRIDAY, 22 JANUARY 2016
FILE NO/S APPL 85 OF 2015
CITATION NO. 2016 WAIRC 00038
Result Award varied
Order
WHEREAS on 21 August 2014 the Full Bench of the Commission cancelled the registration of The Federated Millers and Mill Employees’ Union of Workers of Western Australia (FMMEU) [2014] WAIRC 00961;
AND WHEREAS on 10 September 2014 the Registrar identified that the FMMEU is a named party to the Clerks (Unions and Labor Movement) Award 2004 (the Award);
AND WHEREAS 12 January 2015 the Commission directed the Registrar pursuant to s 47(2) of Industrial Relations Act 1979 (the Act) that an application be created for the removal of FMMEU as a named party to the Award;
AND WHEREAS on 12 January 2015 the Commission directed the Registrar pursuant to s 47(3) of the Act to conduct an investigation to review the named respondents in Schedule A of the Award;
AND WHEREAS on 9 April 2015 the Registrar reported the findings of the review;
AND WHEREAS on 10 December 2015 the Commission sent to the named parties to the Award a revised Schedule A with proposed amendments;
AND WHEREAS the parties were advised that if they wished to be heard in relation to the proposed amendments to advise the Commission by email by 14 January 2016;
AND WHEREAS on 17 December 2015 the Health Services Union of Western Australia, Union of Employees requested that the Salaried Pharmacists’ Association of Western Australia Union of Workers and the W.A. Dental Technicians’ and Employees’ Union of Workers, Perth be removed from Schedule A due to the cancellation of their registration by the Full Bench of this Commission on 16 April 2015 [2015] WAIRC 00311; [2015] WAIRC 00310;
AND WHEREAS on 14 January 2016 The Australian Maritime Officers Union – Western Area Union of Employees filed a Notice of answer consenting to the proposed amendments sent on 10 December 2015;
AND WHEREAS at 15 January 2016 no party had contacted the Commission wishing to be heard;
NOW THEREFORE I, the undersigned, pursuant to the powers conferred on it under the Act hereby order:
THAT the Clerks (Unions and Labor Movement) Award 2004 be varied in accordance with the following schedule and that such variation shall have effect on or from 22 January 2016.
CHIEF COMMISSIONER A R BEECH
SCHEDULE
1. SCHEDULE “A” – RESPONDENTS: Delete SCHEDULE “A” and replace with the following in lieu thereof:
S C HEDULE “ A” – RESPONDENTS
Union Employers registered under Industrial Relations Act 1979
Australian Institute of Marine and Power Engineers, Western Australian Union of Workers
1/169 Stock Road
PALMYRA WA 6157
Australian Medical Association (WA) Incorporated
14 Stirling Highway
NEDLANDS WA 6009
Building Trades Association of Unions of Western Australia (Association of Workers)
82 Royal Street
EAST PERTH WA 6004
Electrical Trades Union WA
Unit 24, 257 Balcatta Road
BALCATTA WA 6021
Health Services Union of Western Australia (Union of Workers)
8 Coolgardie Terrace
PERTH WA 6000
Mining Unions Association of Employees of Western Australia (Iron Ore Industry)
PO Box 6289
EAST PERTH WA 6004
Seamen's Union of Australia, West Australian Branch
2nd Floor, 2-4 Kwong Alley
NORTH FREMANTLE WA 6159
The Association of Professional Engineers, Australia (Western Australian Branch)
Organisation of Employees
Suite 1/12-14 Thelma Street
WEST PERTH WA 6005
The Australian Collieries' Staff Association, Western Australian Branch
Level 1, 491 Kent Street
SYDNEY NSW 2000
The Australian Maritime Officers Union - Western Area Union of Employees
1 High Street
FREMANTLE WA 6160
The Australian Nursing Federation, Industrial Union of Workers Perth
260 Pier Street
PERTH WA 6000
The Australian Rail, Tram and Bus Industry Union of Employees, West Australian Branch
2/10 Nash Street
PERTH WA 6000
The Australian Workers' Union, West Australian Branch, Industrial Union of Workers
Level 3, 25 Barrack Street
PERTH WA 6000
The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers -
Western Australian Branch
121 Royal Street
EAST PERTH WA 6004
The Boot Trade of Western Australia Union of Workers, Perth
110 Charles Street
PERTH WA 6000
The Breweries and Bottleyards Employees' Industrial Union of Workers of Western Australia
Unit 11, 64 Bannister Road
CANNING VALE WA 6155
The Civil Service Association of Western Australia Incorporated
Level 5, 445 Hay Street
PERTH WA 6000
The Coal Miners' Industrial Union of Workers of Western Australia, Collie
c/- Mineworkers Institute, 75 Throssell Street
COLLIE WA 6225
The Construction, Forestry, Mining and Energy Union of Workers
80 Beaufort Street
PERTH WA 6000
The Disabled Workers' Union of Western Australia
78 A Collingwood Street
OSBORNE PARK WA 6017
The Food Preservers' Union of Western Australia Union of Workers
5th Floor, 25 Barrack Street
PERTH WA 6000
The Independent Education Union of Western Australia, Union of Employees
PO Box 739
BELMONT WA 6984
The Plumbers and Gasfitters Employees' Union of Australia, West Australian Branch,
Industrial Union of Workers
Unit 24, 257 Balcatta Road
BALCATTA WA 6021
The Shop, Distributive and Allied Employees' Association of Western Australia
5th Floor, 25 Barrack Street
PERTH WA 6000
The State School Teachers' Union of W.A. (Incorporated)
150-152 Adelaide Terrace
EAST PERTH WA 6004
The Western Australian Clothing and Allied Trades' Industrial Union of Workers, Perth
c/- Textile Clothing and Footwear Union of Australia (National Office) 359 Exhibition Street
MELBOURNE VIC 3000
The Western Australian Gold and Nickel Mines Supervisors Association Industrial Union of Workers
18 Sturt Pea Crescent
KAMBALDA WEST WA 6444
Transport Workers' Union of Australia, Industrial Union of Workers, Western Australian Branch
Suite 302, 3rd Floor 82 Beaufort Street
PERTH WA 6000
United Firefighters Union of Australia West Australian Branch
21 View Street
NORTH PERTH WA 6006
University of Western Australia Academic Staff Association
W2 Winthrop Tower, University of Western Australia, 35 Stirling Highway
CRAWLEY WA 6009
Western Australian Grain Handling Salaried Officers Association (Union of Workers)
30 Delhi Street
WEST PERTH WA 6005
Western Australian Municipal, Administrative, Clerical and Services Union of Employees
Kenafick House, 102 East Parade
EAST PERTH WA 6004
Western Australian Municipal, Road Boards, Parks and Racecourse Employees' Union of Workers,
Perth
112 Charles Street
WEST PERTH WA 6005
Western Australian Police Union of Workers
639 Murray Street
WEST PERTH WA 6005
Western Australian Prison Officers' Union of Workers
63 Railway Parade
MT LAWLEY WA 6050
Union Employers registered under Fair Work (Registered Organisations)Act 2009
Australian Education Union
150-152 Adelaide Terrace
PERTH WA 6000
Australian Municipal, Administrative, Clerical and Services Union
102 East Parade
EAST PERTH WA 6004
Australian Nursing and Midwifery Federation
260 Pier Street
PERTH WA 6000
Australian Rail, Tram and Bus Industry Union
2/10 Nash Street
PERTH WA 6000
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
121 Royal Street
EAST PERTH WA 6004
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Communication Workers Union Division
196 Lord Street
PERTH WA 6000
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and
Allied Services Union of Australia, Electrical, Energy & Services Division
Unit 24, 257 Balcatta Road
BALCATTA WA 6021
Construction, Forestry, Mining and Energy Union
80 Beaufort Street
PERTH WA 6000
CPSU, the Community and Public Sector Union
1/445 Hay Street
PERTH WA 6000
Finance Sector Union of Australia
3rd Floor, 165 Adelaide Terrace
EAST PERTH WA 6004
Health Services Union
8 Coolgardie Terrace
PERTH WA 6000
Independent Education Union of Australia
Suite 20, 63 Knutsford Avenue
RIVERVALE WA 6103
Media, Entertainment and Arts Alliance
Suite 1, 12 – 14 Thelma Street
WEST PERTH WA 6005
Musicians' Union of Australia
10 Black Street
MONT ALBERT VIC 3127
National Tertiary Education Industry Union
Level 3, 27 Railway Road (Corner of Alvan Street)
SUBIACO WA 6008
Plumbing Division of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing
and Allied Services Union of Australia
2nd Floor, 52 Victoria Street
CARLTON SOUTH VIC 3053
Shop, Distributive and Allied Employees Association
5th Floor, 25 Barrack Street
PERTH WA 6000
Textile, Clothing and Footwear Union of Australia
359 Exhibition Street
MELBOURNE VIC 3000
The Association of Professional Engineers, Scientists and Managers, Australia
Suite 1 12-14 Thelma Street
WEST PERTH WA 6005
The Australasian Meat Industry Employees Union
227 Henley Beach Road
TORRENSVILLE SA 5031
The Australian Institute of Marine and Power Engineers
1/169 Stock Road
PALMYRA WA 6157
The Australian Maritime Officers' Union
1 High Street
FREMANTLE WA 6160
The Australian Workers' Union
Level 3, 25 Barrack Street
PERTH WA 6000
The Maritime Union of Australia
Level 2, 2-4 Kwong Alley
NORTH FREMANTLE WA 6159
Transport Workers' Union of Australia
Suite 302, 3rd Floor Labour Centre
82 Beaufort Street
PERTH WA 6000
Union of Christmas Island Workers
PO Box 84
Christmas Island
INDIAN OCEAN WA 6798
United Firefighters' Union of Australia
21 View Street
North Perth WA 6006
United Voice
54 Cheriton Street
PERTH WA 6000
Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and
Racecourse, Public Authorities Water Boards Union
112 Charles Street
WEST PERTH WA 6005
CLERKS (UNIONS AND LABOR MOVEMENT) AWARD 2004
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES on the commission's Own Motion
CORAM Chief Commissioner A R Beech
DATE friday, 22 january 2016
FILE NO/S APPL 85 OF 2015
CITATION NO. 2016 WAIRC 00038
Result Award varied
Order
WHEREAS on 21 August 2014 the Full Bench of the Commission cancelled the registration of The Federated Millers and Mill Employees’ Union of Workers of Western Australia (FMMEU) [2014] WAIRC 00961;
AND WHEREAS on 10 September 2014 the Registrar identified that the FMMEU is a named party to the Clerks (Unions and Labor Movement) Award 2004 (the Award);
AND WHEREAS 12 January 2015 the Commission directed the Registrar pursuant to s 47(2) of Industrial Relations Act 1979 (the Act) that an application be created for the removal of FMMEU as a named party to the Award;
AND WHEREAS on 12 January 2015 the Commission directed the Registrar pursuant to s 47(3) of the Act to conduct an investigation to review the named respondents in Schedule A of the Award;
AND WHEREAS on 9 April 2015 the Registrar reported the findings of the review;
AND WHEREAS on 10 December 2015 the Commission sent to the named parties to the Award a revised Schedule A with proposed amendments;
AND WHEREAS the parties were advised that if they wished to be heard in relation to the proposed amendments to advise the Commission by email by 14 January 2016;
AND WHEREAS on 17 December 2015 the Health Services Union of Western Australia, Union of Employees requested that the Salaried Pharmacists’ Association of Western Australia Union of Workers and the W.A. Dental Technicians’ and Employees’ Union of Workers, Perth be removed from Schedule A due to the cancellation of their registration by the Full Bench of this Commission on 16 April 2015 [2015] WAIRC 00311; [2015] WAIRC 00310;
AND WHEREAS on 14 January 2016 The Australian Maritime Officers Union – Western Area Union of Employees filed a Notice of answer consenting to the proposed amendments sent on 10 December 2015;
AND WHEREAS at 15 January 2016 no party had contacted the Commission wishing to be heard;
NOW THEREFORE I, the undersigned, pursuant to the powers conferred on it under the Act hereby order:
THAT the Clerks (Unions and Labor Movement) Award 2004 be varied in accordance with the following schedule and that such variation shall have effect on or from 22 January 2016.
Chief Commissioner A R Beech
SCHEDULE
- SCHEDULE “A” – RESPONDENTS: Delete SCHEDULE “A” and replace with the following in lieu thereof:
S C HEDULE “ A” – RESPONDENTS
Union Employers registered under Industrial Relations Act 1979
|
Australian Institute of Marine and Power Engineers, Western Australian Union of Workers |
|
|
|
1/169 Stock Road |
|
PALMYRA WA 6157 |
|
|
|
Australian Medical Association (WA) Incorporated |
|
|
|
14 Stirling Highway |
|
NEDLANDS WA 6009 |
|
|
|
Building Trades Association of Unions of Western Australia (Association of Workers) |
|
|
|
82 Royal Street |
|
EAST PERTH WA 6004 |
|
|
|
Electrical Trades Union WA |
|
|
|
Unit 24, 257 Balcatta Road |
|
BALCATTA WA 6021 |
|
|
|
Health Services Union of Western Australia (Union of Workers) |
|
|
|
8 Coolgardie Terrace |
|
PERTH WA 6000 |
|
|
|
Mining Unions Association of Employees of Western Australia (Iron Ore Industry) |
|
|
|
PO Box 6289 |
|
EAST PERTH WA 6004 |
|
|
|
Seamen's Union of Australia, West Australian Branch |
|
|
|
2nd Floor, 2-4 Kwong Alley |
|
NORTH FREMANTLE WA 6159 |
|
|
|
The Association of Professional Engineers, Australia (Western Australian Branch) |
|
Organisation of Employees |
|
|
|
Suite 1/12-14 Thelma Street |
|
WEST PERTH WA 6005 |
|
|
|
The Australian Collieries' Staff Association, Western Australian Branch |
|
|
|
Level 1, 491 Kent Street |
|
SYDNEY NSW 2000 |
|
|
|
The Australian Maritime Officers Union - Western Area Union of Employees |
|
|
|
1 High Street |
|
FREMANTLE WA 6160 |
|
|
|
The Australian Nursing Federation, Industrial Union of Workers Perth |
|
|
|
260 Pier Street |
|
PERTH WA 6000 |
|
|
|
The Australian Rail, Tram and Bus Industry Union of Employees, West Australian Branch |
|
|
|
2/10 Nash Street |
|
PERTH WA 6000 |
|
|
|
The Australian Workers' Union, West Australian Branch, Industrial Union of Workers |
|
|
|
Level 3, 25 Barrack Street |
|
PERTH WA 6000 |
|
|
|
The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers - |
|
Western Australian Branch |
|
|
|
121 Royal Street |
|
EAST PERTH WA 6004 |
|
|
|
The Boot Trade of Western Australia Union of Workers, Perth |
|
|
|
110 Charles Street |
|
PERTH WA 6000 |
|
|
|
The Breweries and Bottleyards Employees' Industrial Union of Workers of Western Australia |
|
|
|
Unit 11, 64 Bannister Road |
|
CANNING VALE WA 6155 |
|
|
|
The Civil Service Association of Western Australia Incorporated |
|
|
|
Level 5, 445 Hay Street |
|
PERTH WA 6000 |
|
|
|
The Coal Miners' Industrial Union of Workers of Western Australia, Collie |
|
|
|
c/- Mineworkers Institute, 75 Throssell Street |
|
COLLIE WA 6225 |
|
|
|
The Construction, Forestry, Mining and Energy Union of Workers |
|
|
|
80 Beaufort Street |
|
PERTH WA 6000 |
|
|
|
The Disabled Workers' Union of Western Australia |
|
|
|
78 A Collingwood Street |
|
OSBORNE PARK WA 6017 |
|
|
|
The Food Preservers' Union of Western Australia Union of Workers |
|
|
|
5th Floor, 25 Barrack Street |
|
PERTH WA 6000 |
|
|
|
The Independent Education Union of Western Australia, Union of Employees |
|
|
|
PO Box 739 |
|
BELMONT WA 6984 |
|
|
|
The Plumbers and Gasfitters Employees' Union of Australia, West Australian Branch, |
|
Industrial Union of Workers |
|
|
|
Unit 24, 257 Balcatta Road |
|
BALCATTA WA 6021 |
|
|
|
The Shop, Distributive and Allied Employees' Association of Western Australia |
|
|
|
5th Floor, 25 Barrack Street |
|
PERTH WA 6000 |
|
|
|
The State School Teachers' Union of W.A. (Incorporated) |
|
|
|
150-152 Adelaide Terrace |
|
EAST PERTH WA 6004 |
|
|
|
The Western Australian Clothing and Allied Trades' Industrial Union of Workers, Perth |
|
|
|
c/- Textile Clothing and Footwear Union of Australia (National Office) 359 Exhibition Street |
|
MELBOURNE VIC 3000 |
|
|
|
The Western Australian Gold and Nickel Mines Supervisors Association Industrial Union of Workers |
|
|
|
18 Sturt Pea Crescent |
|
KAMBALDA WEST WA 6444 |
|
|
|
Transport Workers' Union of Australia, Industrial Union of Workers, Western Australian Branch |
|
|
|
Suite 302, 3rd Floor 82 Beaufort Street |
|
PERTH WA 6000 |
|
|
|
United Firefighters Union of Australia West Australian Branch |
|
|
|
21 View Street |
|
NORTH PERTH WA 6006 |
|
|
|
University of Western Australia Academic Staff Association |
|
|
|
W2 Winthrop Tower, University of Western Australia, 35 Stirling Highway |
|
CRAWLEY WA 6009 |
|
|
|
Western Australian Grain Handling Salaried Officers Association (Union of Workers) |
|
|
|
30 Delhi Street |
|
WEST PERTH WA 6005 |
|
|
|
Western Australian Municipal, Administrative, Clerical and Services Union of Employees |
|
|
|
Kenafick House, 102 East Parade |
|
EAST PERTH WA 6004 |
|
|
|
Western Australian Municipal, Road Boards, Parks and Racecourse Employees' Union of Workers, |
|
Perth |
|
|
|
112 Charles Street |
|
WEST PERTH WA 6005 |
|
|
|
Western Australian Police Union of Workers |
|
|
|
639 Murray Street |
|
WEST PERTH WA 6005 |
|
|
|
Western Australian Prison Officers' Union of Workers |
|
|
|
63 Railway Parade |
|
MT LAWLEY WA 6050 |
|
|
|
Union Employers registered under Fair Work (Registered Organisations)Act 2009 |
|
|
|
Australian Education Union |
|
|
|
150-152 Adelaide Terrace |
|
PERTH WA 6000 |
|
|
|
Australian Municipal, Administrative, Clerical and Services Union |
|
|
|
102 East Parade |
|
EAST PERTH WA 6004 |
|
|
|
Australian Nursing and Midwifery Federation |
|
|
|
260 Pier Street |
|
PERTH WA 6000 |
|
|
|
Australian Rail, Tram and Bus Industry Union |
|
|
|
2/10 Nash Street |
|
PERTH WA 6000 |
|
|
|
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union |
|
|
|
121 Royal Street |
|
EAST PERTH WA 6004 |
|
|
|
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Communication Workers Union Division |
|
|
|
196 Lord Street |
|
PERTH WA 6000 |
|
|
|
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and |
|
Allied Services Union of Australia, Electrical, Energy & Services Division |
|
|
|
Unit 24, 257 Balcatta Road |
|
BALCATTA WA 6021 |
|
|
|
Construction, Forestry, Mining and Energy Union |
|
|
|
80 Beaufort Street |
|
PERTH WA 6000 |
|
|
|
CPSU, the Community and Public Sector Union |
|
|
|
1/445 Hay Street |
|
PERTH WA 6000 |
|
|
|
Finance Sector Union of Australia |
|
|
|
3rd Floor, 165 Adelaide Terrace |
|
EAST PERTH WA 6004 |
|
|
|
Health Services Union |
|
|
|
8 Coolgardie Terrace |
|
PERTH WA 6000 |
|
|
|
Independent Education Union of Australia |
|
|
|
Suite 20, 63 Knutsford Avenue |
|
RIVERVALE WA 6103 |
|
|
|
Media, Entertainment and Arts Alliance |
|
|
|
Suite 1, 12 – 14 Thelma Street |
|
WEST PERTH WA 6005 |
|
|
|
Musicians' Union of Australia |
|
|
|
10 Black Street |
|
MONT ALBERT VIC 3127 |
|
|
|
National Tertiary Education Industry Union |
|
|
|
Level 3, 27 Railway Road (Corner of Alvan Street) |
|
SUBIACO WA 6008 |
|
|
|
Plumbing Division of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing |
|
and Allied Services Union of Australia |
|
|
|
2nd Floor, 52 Victoria Street |
|
CARLTON SOUTH VIC 3053 |
|
|
|
Shop, Distributive and Allied Employees Association |
|
|
|
5th Floor, 25 Barrack Street |
|
PERTH WA 6000 |
|
|
|
Textile, Clothing and Footwear Union of Australia |
|
|
|
359 Exhibition Street |
|
MELBOURNE VIC 3000 |
|
|
|
The Association of Professional Engineers, Scientists and Managers, Australia |
|
|
|
Suite 1 12-14 Thelma Street |
|
WEST PERTH WA 6005 |
|
|
|
The Australasian Meat Industry Employees Union |
|
|
|
227 Henley Beach Road |
|
TORRENSVILLE SA 5031 |
|
|
|
The Australian Institute of Marine and Power Engineers |
|
|
|
1/169 Stock Road |
|
PALMYRA WA 6157 |
|
|
|
The Australian Maritime Officers' Union |
|
|
|
1 High Street |
|
FREMANTLE WA 6160 |
|
|
|
The Australian Workers' Union |
|
|
|
Level 3, 25 Barrack Street |
|
PERTH WA 6000 |
|
|
|
The Maritime Union of Australia |
|
|
|
Level 2, 2-4 Kwong Alley |
|
NORTH FREMANTLE WA 6159 |
|
|
|
Transport Workers' Union of Australia |
|
|
|
Suite 302, 3rd Floor Labour Centre |
|
82 Beaufort Street |
|
PERTH WA 6000 |
|
|
|
Union of Christmas Island Workers |
|
|
|
PO Box 84 |
|
Christmas Island |
|
INDIAN OCEAN WA 6798 |
|
|
|
United Firefighters' Union of Australia |
|
|
|
21 View Street |
|
North Perth WA 6006 |
|
|
|
United Voice |
|
|
|
54 Cheriton Street |
|
PERTH WA 6000 |
|
|
|
Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and |
|
Racecourse, Public Authorities Water Boards Union |
|
|
|
112 Charles Street |
|
WEST PERTH WA 6005 |
|
|