MUNICIPAL EMPLOYEES (WESTERN AUSTRALIA) AWARD 2021

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Western Australian Municipal, Administrative, Clerical and Services Union of Employees

APPLICANT

-v-

City of Kalamunda AND OTHERS

RESPONDENTS

CORAM Commissioner T B Walkington

DATE thursday, 29 April 2021

FILE NO/S A 2 OF 2020

CITATION NO. 2021 WAIRC 00116

Result New Award

Representation

Applicant Mr D Rafferty (of counsel) and Mr W Wood

Parties Mr A Johnson, Ms A Egan, Mr M FitzGerald, Ms D Hunter and Ms R Miller

Interveners Mr M FitzGerald, Ms D Hunter and Ms R Miller on behalf of the interveners

Order

HAVING heard from Mr D Rafferty (of counsel) and with him Mr W Wood on behalf of the Western Australian Municipal, Administrative, Clerical and Services Union of Employees; Mr A Johnson on behalf of the Western Australian Municipal, Road Boards, Parks and Racecourse Employees’ Union of Workers, Perth; Ms A Egan on behalf of the City of Kalamunda; Mr M FitzGerald on behalf of the Shire of Bridgetown-Greenbushes, Shire of Harvey, Shire of Laverton, Shire of Murray, Shire of Narembeen, Shire of Ravensthorpe, Shire of Victoria Plains, Shire of Waroona and Shire of Yalgoo; and also on behalf of the Shire of Bruce Rock, Shire of Goomalling, Shire of Leonora, Shire of Sandstone, Shire of Wagin and the Shire of Woodanilling; Ms D Hunter and Ms R Miller on behalf of the Shire of Kondinin; and on behalf of the Shire of Boddington, Shire of Carnamah, Shire of Dalwallinu, Shire of Dowerin, Shire of Halls Creek, Shire of Nannup, Shire of Three Springs, Shire of Wandering; and on behalf of the Shire of Morawa;

WHEREAS on 10 March 2021 the Shire of Goomalling, Shire of Wagin, Shire of Leonora, Shire of Bruce Rock, and Shire of Sandstone, sought leave intervene pursuant to s 27(1)(k) of the Industrial Relations Act 1979 (WA); and

WHEREAS on 17 March 2021 the Shire of Woodanilling sought leave to intervene pursuant to s 27(1)(k) of the Industrial Relations Act 1979 (WA); and

WHEREAS on 14 April 2021, the Shire of Boddington, Shire of Carnamah, Shire of Dalwallinu, Shire of Dowerin, Shire of Halls Creek, Shire of Nannup, Shire of Three Springs, Shire of Wandering made application to be joined to the application pursuant to s 27(1)(j) of the Industrial Relations Act 1979 (WA); and

WHEREAS on 23 April 2021, the Shire of Morawa sought leave intervene pursuant to s 27(1)(k) of the Industrial Relations Act 1979 (WA); and

Whereas pursuant to s 27(1)(k) of the Industrial Relations Act 1979 (WA) the Commission granted leave to intervene to the Shire of Goomalling, Shire of Wagin, Shire of Leonora, Shire of Bruce Rock, Shire of Sandstone, Shire of Woodanilling and Shire of Morawa; and

WHEREAS subsequently at the hearing, the Shire of Goomalling, Shire of Wagin, Shire of Leonora, Shire of Bruce Rock, Shire of Sandstone, Shire of Woodanilling made an oral application pursuant to s 27(1)(j) of the Industrial Relations Act 1979 (WA) to be joined to the application;

THEREFORE, the Commission, pursuant to the powers conferred on it under s 28 and s 27(1)(j) of the Industrial Relations Act 1979 (WA) hereby:

(1) ORDERS that the following be and are hereby joined as a party of this application:

- Shire of Boddington

- Shire of Bruce Rock

- Shire of Carnamah

- Shire of Dalwallinu

- Shire of Dowerin

- Shire of Goomalling

- Shire of Halls Creek

- Shire of Leonora

- Shire of Nannup

- Shire of Sandstone

- Shire of Three Springs

- Shire of Wagin

- Shire of Wandering;

- Shire of Woodanilling;

THE COMMISSION being satisfied that the application was properly served on 3 December 2020 in accordance with s 29A(2) of the Industrial Relations Act 1979 (WA) and the relevant provisions of the proposed award was published in the Western Australian Industrial Gazette on 23 December 2020 in accordance with s 29A(2) of the Industrial Relations Act 1979 (WA), the Commission pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA) hereby:

(2) ORDERS that the following be granted leave to intervene in this application:

- Shire of Morawa;

(3) MAKES an award to be known as the Municipal Employees (Western Australia) Award 2021 in terms of the schedule hereto, with effect on and from 27 April 2021; and

(4) ORDERS that the Municipal Employees (Western Australia) Interim Award 2011 be and is hereby cancelled.

Commissioner T B Walkington