Western Australian Municipal, Administrative, Clerical and Services Union of Employees -v- City of Kalamunda, Local Government, Racing and Cemeteries Employees Union (WA), Shire of Boddington, Shire of Dalwallinu, Shire of Yalgoo, Shire of Bridgetown Greenbushes, Shire of Bruce Rock, Shire of Carnamah, Shire of Dowerin, Shire of Goomalling, Shire of Halls Creek, Shire of Harvey, Shire of Kondinin, Shire of Laverton, Shire of Leonora, Shire of Murray, Shire of Nannup, Shire of Narembeen, Shire of Ravensthorpe, Shire of Sandstone, Shire of Three Springs, Shire of Victoria Plains, Shire of Wagin, Shire of Wandering, Shire of Waroona, Shire of Woodanilling, Western Australian Local Government Association
Document Type: Order
Matter Number: APPL 3/2023
Matter Description: Municipal Employees (Western Australia) Award 2021
Industry: Local Government
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner T B Walkington
Delivery Date: 23 Jan 2024
Result: Direction issued
Citation: 2024 WAIRC 00027
WAIG Reference:
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, LOCAL GOVERNMENT, RACING AND CEMETERIES EMPLOYEES UNION (WA), SHIRE OF BODDINGTON, SHIRE OF DALWALLINU, SHIRE OF YALGOO, SHIRE OF BRIDGETOWN GREENBUSHES, SHIRE OF BRUCE ROCK, SHIRE OF CARNAMAH, SHIRE OF DOWERIN, SHIRE OF GOOMALLING, SHIRE OF HALLS CREEK, SHIRE OF HARVEY, SHIRE OF KONDININ, SHIRE OF LAVERTON, SHIRE OF LEONORA, SHIRE OF MURRAY, SHIRE OF NANNUP, SHIRE OF NAREMBEEN, SHIRE OF RAVENSTHORPE, SHIRE OF SANDSTONE, SHIRE OF THREE SPRINGS, SHIRE OF VICTORIA PLAINS, SHIRE OF WAGIN, SHIRE OF WANDERING, SHIRE OF WAROONA, SHIRE OF WOODANILLING, WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION
RESPONDENTS
CORAM COMMISSIONER T B WALKINGTON
DATE TUESDAY, 23 JANUARY 2024
FILE NO. APPL 3 OF 2023
CITATION NO. 2024 WAIRC 00027
Result Direction issued
Representation
APPLICANT MR C FOGLIANI (OF COUNSEL)
RESPONDENT MR K TRAINER (AS AGENT)
Mr M FitzGerald (as agent)
Mr N Ellery (of counsel)
Direction
HAVING heard from Mr Fogliani on behalf of the applicant and Mr Trainer, Mr FitzGerald and Mr Ellery on behalf of the respondents, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA) (the Act), and by consent, hereby directs:
1. THAT before 29 January 2024, and in accordance with sections 27(1)(o) and 27(1)(v) of the Act, the relevant respondents (City of Kalamunda, Shire of Boddington, Shire of Bruce Rock, Shire of Carnamah, Shire of Dowerin, Shire of Goomalling, Shire of Halls Creek, Shire of Harvey, Shire of Kondinin, Shire of Murray, Shire of Nannup, Shire of Narembeen, Shire of Ravensthorpe, Shire of Three Springs, Shire of Wagin, Shire of Wandering, Shire of Woodanilling, and Shire of Yalgoo) are to file with Registry a copy of the Equal Employment Opportunity Annual Workforce Data Spreadsheet that the relevant respondent completed and provided to the Public Sector Commission for the period of 2022-2023;
2. THAT before 29 January 2024, and in accordance with sections 27(1)(o) and 27(1)(v) of the Act, the Western Australian Local Government Association (WALGA) shall file all documents relating to its ‘sector survey’ concerning proposed amendments to the Award. This includes:
(a) The survey documents distributed by WALGA to local governments concerning the proposed amendments to the Award.
(b) The unredacted, individual responses received by WALGA from local governments.
3. THAT the disclosure of documents at paragraph 2 be limited to the representatives of the parties and officers of the parties’ organisations;
4. THAT the applicant’s application to vary the Award be listed for a hearing of 10 days, starting on a date not before 1 March 2024;
5. THAT no later than 14 days before the hearing date, the applicant shall file an outline of opening submissions;
6. THAT no later than 7 days before the hearing date, the respondents shall file an outline of opening submissions; and
7. THAT the parties have liberty to apply on short notice.
COMMISSIONER T B WALKINGTON
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, Local Government, Racing and Cemeteries Employees Union (WA), Shire of Boddington, Shire of Dalwallinu, Shire of Yalgoo, Shire of Bridgetown Greenbushes, Shire of Bruce Rock, Shire of Carnamah, Shire of Dowerin, Shire of Goomalling, Shire of Halls Creek, Shire of Harvey, Shire of Kondinin, Shire of Laverton, Shire of Leonora, Shire of Murray, Shire of Nannup, Shire of Narembeen, Shire of Ravensthorpe, Shire of Sandstone, Shire of Three Springs, Shire of Victoria Plains, Shire of Wagin, Shire of Wandering, Shire of Waroona, Shire of Woodanilling, Western Australian Local Government Association
RESPONDENTS
CORAM Commissioner T B Walkington
DATE tuesday, 23 January 2024
FILE NO. APPL 3 OF 2023
CITATION NO. 2024 WAIRC 00027
Result Direction issued
Representation
Applicant Mr C Fogliani (of counsel)
Respondent Mr K Trainer (as agent)
Mr M FitzGerald (as agent)
Mr N Ellery (of counsel)
Direction
HAVING heard from Mr Fogliani on behalf of the applicant and Mr Trainer, Mr FitzGerald and Mr Ellery on behalf of the respondents, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA) (the Act), and by consent, hereby directs:
1. THAT before 29 January 2024, and in accordance with sections 27(1)(o) and 27(1)(v) of the Act, the relevant respondents (City of Kalamunda, Shire of Boddington, Shire of Bruce Rock, Shire of Carnamah, Shire of Dowerin, Shire of Goomalling, Shire of Halls Creek, Shire of Harvey, Shire of Kondinin, Shire of Murray, Shire of Nannup, Shire of Narembeen, Shire of Ravensthorpe, Shire of Three Springs, Shire of Wagin, Shire of Wandering, Shire of Woodanilling, and Shire of Yalgoo) are to file with Registry a copy of the Equal Employment Opportunity Annual Workforce Data Spreadsheet that the relevant respondent completed and provided to the Public Sector Commission for the period of 2022-2023;
2. THAT before 29 January 2024, and in accordance with sections 27(1)(o) and 27(1)(v) of the Act, the Western Australian Local Government Association (WALGA) shall file all documents relating to its ‘sector survey’ concerning proposed amendments to the Award. This includes:
(a) The survey documents distributed by WALGA to local governments concerning the proposed amendments to the Award.
(b) The unredacted, individual responses received by WALGA from local governments.
3. THAT the disclosure of documents at paragraph 2 be limited to the representatives of the parties and officers of the parties’ organisations;
4. THAT the applicant’s application to vary the Award be listed for a hearing of 10 days, starting on a date not before 1 March 2024;
5. THAT no later than 14 days before the hearing date, the applicant shall file an outline of opening submissions;
6. THAT no later than 7 days before the hearing date, the respondents shall file an outline of opening submissions; and
7. THAT the parties have liberty to apply on short notice.
Commissioner T B Walkington