Commission's Own Motion -v- (Not applicable)

Document Type: Order

Matter Number: APPL 24/2021

Matter Description: Clerks (Unions and Labor Movement) Award 2004

Industry: Clerks

Jurisdiction: Single Commissioner

Member/Magistrate name: Chief Commissioner S J Kenner

Delivery Date: 10 Oct 2022

Result: Award varied

Citation: 2022 WAIRC 00744

WAIG Reference: 102 WAIG 1374

DOCX | 38kB
2022 WAIRC 00744
CLERKS (UNIONS AND LABOR MOVEMENT) AWARD 2004
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES COMMISSION'S OWN MOTION
APPLICANT
-V-
(NOT APPLICABLE)
RESPONDENT
CORAM CHIEF COMMISSIONER S J KENNER
DATE MONDAY, 24 OCTOBER 2022
FILE NO/S APPL 24 OF 2021
CITATION NO. 2022 WAIRC 00744


Result Award varied


Order

WHEREAS on 19 January 2021 the Commission in Court Session cancelled the registration of the Seamen’s Union of Australia, West Australia Branch: [2021] WAIRC 00012; (2021) 101 WAIG 100;

AND WHEREAS the Registrar identified that the Seamen’s Union of Australia, West Australia Branch is a named party to the Clerks (Unions and Labor Movement) Award 2004;

AND WHEREAS the Registrar also identified that a number of other unions currently identified as a named employer party to the Award have also had their registration cancelled and these include the Mining Unions Association of Employees of Western Australia (Iron Ore Industry); The Australian Collieries Staff Association, Western Australian Branch; The Boot Trade of Western Australia Union of Workers, Perth; The Disabled Workers Union of Western Australia; and the Western Australian Gold and Nickel Mines Supervisors Association Industrial Union of Workers;

AND WHEREAS the Registrar has also identified that the Food Preservers Union of Western Australia Union of Workers, also a named employer party to the Award, has amalgamated with the Australian Workers Union, West Australian Branch, Industrial Union of Workers;

AND WHEREAS the Commission directed the Registrar in accordance with s 47(3) of the Act to undertake an investigation to review the named employer respondents in Schedule A of the Award and the Registrar has reported the findings of the review;

AND WHEREAS by notice served on the named employer respondents in Schedule A and the named union party to the award in Schedule B, and by notice published in the Western Australian Industrial Gazette and on the Commission website on 23 March 2022, notice of the proposed deletion of the named employer respondents from Schedule A of the Award was given;

AND WHEREAS the parties were advised that if they wished to be heard they had 30 days from the publication of the notice to do so and no objections were received by the Registrar;

NOW THEREFORE I, the undersigned, pursuant to the powers conferred on me 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 and from the date of this order.






CHIEF COMMISSIONER S J KENNER








NOTE: Date of Order amended by Correction Order issued 24 October 2022 ([2022] WAIRC 00745).
SCHEDULE


1. Schedule “A” – Respondents: Delete this schedule and insert 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

The Association of Professional Engineers, Australia (Western Australian Branch)
Organisation of Employees

Suite 1/12-14 Thelma Street
WEST PERTH WA 6005

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 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 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

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




Commission's Own Motion -v- (Not applicable)

CLERKS (UNIONS AND LABOR MOVEMENT) AWARD 2004

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

PARTIES Commission's Own Motion

APPLICANT

-v-

(Not applicable)

RESPONDENT

CORAM Chief Commissioner S J Kenner

DATE Monday, 24 October 2022

FILE NO/S APPL 24 OF 2021

CITATION NO. 2022 WAIRC 00744

 

 

Result Award varied

 

 

Order

 

WHEREAS on 19 January 2021 the Commission in Court Session cancelled the registration of the Seamen’s Union of Australia, West Australia Branch: [2021] WAIRC 00012; (2021) 101 WAIG 100;

 

AND WHEREAS the Registrar identified that the Seamen’s Union of Australia, West Australia Branch is a named party to the Clerks (Unions and Labor Movement) Award 2004;

 

AND WHEREAS the Registrar also identified that a number of other unions currently identified as a named employer party to the Award have also had their registration cancelled and these include the Mining Unions Association of Employees of Western Australia (Iron Ore Industry); The Australian Collieries Staff Association, Western Australian Branch; The Boot Trade of Western Australia Union of Workers, Perth; The Disabled Workers Union of Western Australia; and the Western Australian Gold and Nickel Mines Supervisors Association Industrial Union of Workers;

 

AND WHEREAS the Registrar has also identified that the Food Preservers Union of Western Australia Union of Workers, also a named employer party to the Award, has amalgamated with the Australian Workers Union, West Australian Branch, Industrial Union of Workers;

 

AND WHEREAS the Commission directed the Registrar in accordance with s 47(3) of the Act to undertake an investigation to review the named employer respondents in Schedule A of the Award and the Registrar has reported the findings of the review;

 

AND WHEREAS by notice served on the named employer respondents in Schedule A and the named union party to the award in Schedule B, and by notice published in the Western Australian Industrial Gazette and on the Commission website on 23 March 2022, notice of the proposed deletion of the named employer respondents from Schedule A of the Award was given;

 

AND WHEREAS the parties were advised that if they wished to be heard they had 30 days from the publication of the notice to do so and no objections were received by the Registrar;

 

NOW THEREFORE I, the undersigned, pursuant to the powers conferred on me 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 and from the date of this order.

 

 

 

 

 

 

Chief Commissioner S J Kenner

 

 

 

 

 

 

 

 

NOTE: Date of Order amended by Correction Order issued 24 October 2022 ([2022] WAIRC 00745).

SCHEDULE

 

 

1. Schedule “A” – Respondents:  Delete this schedule and insert 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

 

The Association of Professional Engineers, Australia (Western Australian Branch)

Organisation of Employees

 

Suite 1/12-14 Thelma Street

WEST PERTH WA 6005

 

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 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 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

 

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