Commission's Own Motion -v- (Not Applicable)
Document Type: Order
Matter Number: APPL 27/2023
Matter Description: Review of clauses 7, 8 and 16 of the Municipal Employees (Western Australia) Award 2021 pursuant to s 40B of the Industrial Relations Act 1979 (WA)
Industry: Local Government
Jurisdiction: Single Commissioner
Member/Magistrate name: Senior Commissioner R Cosentino
Delivery Date: 23 Nov 2023
Result: Award varied
Citation: 2023 WAIRC 00925
WAIG Reference: 103 WAIG 1952
REVIEW OF CLAUSES 7, 8 AND 16 OF THE MUNICIPAL EMPLOYEES (WESTERN AUSTRALIA) AWARD 2021 PURSUANT TO S 40B OF THE INDUSTRIAL RELATIONS ACT 1979 (WA)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES COMMISSION'S OWN MOTION
APPLICANT
-V-
(NOT APPLICABLE)
RESPONDENT
CORAM SENIOR COMMISSIONER R COSENTINO
DATE THURSDAY, 23 NOVEMBER 2023
FILE NO/S APPL 27 OF 2023
CITATION NO. 2023 WAIRC 00925
Result Award varied
Representation
Mr K Trainer on behalf of the Local Government, Racing and Cemeteries Employees Union (WA)
Mr C Fogliani of counsel and Mr Z Doherty of counsel on behalf of the Western Australian Municipal, Administrative, Clerical and Services Union of Employees
Mr B Entrekin on behalf of the Hon. Minister for Industrial Relations
Mr N Ellery of counsel and Ms S Lyon on behalf of the Western Australian Local Government Association
Order
HAVING heard from Mr K Trainer on behalf of the Local Government, Racing and Cemeteries Employees Union (WA), Mr C Fogliani of counsel and Mr Z Doherty of counsel on behalf of the Western Australian Municipal, Administrative, Clerical and Services Union of Employees, Mr B Entrekin on behalf of the Hon. Minister for Industrial Relations and Mr N Ellery of counsel and Ms S Lyon on behalf of the Western Australian Local Government Association, the Commission, pursuant to the powers conferred on it by the Industrial Relations Act 1979 (WA), hereby orders –
1. THAT the Municipal Employees (Western Australia) Award 2021 be varied by:
(i) deleting Clause 7 ‘Enterprise Flexibility’; and
(ii) deleting the words ‘18.2 and’ where they appear in Clause 18.5 ‘Alternative method of payment’.
SENIOR COMMISSIONER R COSENTINO
REVIEW OF CLAUSES 7, 8 AND 16 OF THE MUNICIPAL EMPLOYEES (WESTERN AUSTRALIA) AWARD 2021 PURSUANT TO S 40B OF THE INDUSTRIAL RELATIONS ACT 1979 (WA)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Commission's Own Motion
APPLICANT
-v-
(Not Applicable)
RESPONDENT
CORAM Senior Commissioner R Cosentino
DATE THURSday, 23 NOVEMBER 2023
FILE NO/S APPL 27 OF 2023
CITATION NO. 2023 WAIRC 00925
Result Award varied
Representation
Mr K Trainer on behalf of the Local Government, Racing and Cemeteries Employees Union (WA)
Mr C Fogliani of counsel and Mr Z Doherty of counsel on behalf of the Western Australian Municipal, Administrative, Clerical and Services Union of Employees
Mr B Entrekin on behalf of the Hon. Minister for Industrial Relations
Mr N Ellery of counsel and Ms S Lyon on behalf of the Western Australian Local Government Association
Order
HAVING heard from Mr K Trainer on behalf of the Local Government, Racing and Cemeteries Employees Union (WA), Mr C Fogliani of counsel and Mr Z Doherty of counsel on behalf of the Western Australian Municipal, Administrative, Clerical and Services Union of Employees, Mr B Entrekin on behalf of the Hon. Minister for Industrial Relations and Mr N Ellery of counsel and Ms S Lyon on behalf of the Western Australian Local Government Association, the Commission, pursuant to the powers conferred on it by the Industrial Relations Act 1979 (WA), hereby orders –
1. THAT the Municipal Employees (Western Australia) Award 2021 be varied by:
(i) deleting Clause 7 ‘Enterprise Flexibility’; and
(ii) deleting the words ‘18.2 and’ where they appear in Clause 18.5 ‘Alternative method of payment’.
Senior Commissioner R Cosentino