QUESTIONS OF LAW REFERRED TO FULL BENCH

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES City of Cockburn

APPLICANT

-v-

THE Western AustraliaN Municipal, Administrative, Clerical and Services Union of Employees AND

THE Local Government, Racing And Cemeteries Employees Union 

RESPONDENTS

Minister for Industrial Relations,

THE Western Australian Local Government Association and

The Construction, Forestry, Mining and Energy Union of Workers

INTERVENORS

CORAM Chief Commissioner S J Kenner

 Commissioner T Emmanuel

 Commissioner T Kucera

DATE FRIday, 6 October 2023

FILE NO. FBM 1 OF 2023

CITATION NO. 2023 WAIRC 00797

Result Order issued

Representation

Applicant : Ms H Millar of counsel and with her Ms K Groves of counsel

WALGA : Ms R Miller as agent

WASU : Mr C Fogliani of counsel

LGRCEU : Mr K Trainer as agent

Intervenors

Minister : Mr R Andretich of counsel

CFMEUW : Mr TJ Dixon of counsel with him Mr J Nicholas of counsel

Order

This referral of questions of law having come on for hearing before the Full Bench on 16 August 2023, and having heard Ms H Millar of counsel on behalf of the applicant, Ms R Miller as agent on behalf of the Western Australian Local Government Association, Mr C Fogliani of counsel on behalf of the Western Australian Municipal, Administrative, Clerical and Services Union of Employees, Mr K Trainer as agent on behalf of the Local Government, Racing and Cemeteries Employees Union, Mr R Andretich of counsel on behalf of the Minister for Industrial Relations and Mr TJ Dixon of counsel on behalf of the Construction, Forestry, Mining and Energy Union of Workers, and reasons for decision having been delivered on 3 October 2023, the Full Bench pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders that –

The questions of law be answered as follows –

(2)(a) - No.

(2)(b) - Yes.

(2)(c) - As to clause 6, yes.

(2)(d) - No.

By the Full Bench

Chief Commissioner S J Kenner