Western Australian Local Government Association -v- Western Australian Municipal, Administrative, Clerical and Services Union of Employees, City of Kalamunda, Local Government, Racing and Cemeteries Employees Union (WA), Shire of Bridgetown Greenbushes, Shire of Carnamah, Shire of Dalwallinu, 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, Shire of Yalgoo, Shire of Boddington, Shire of Bruce Rock, Shire of Dowerin
Document Type: Order
Matter Number: FBA 4/2024
Matter Description: Appeal against a decision of the Commission in matter APPL 3/2023 given on 29 January 2024
Industry: Local Government
Jurisdiction: Full Bench
Member/Magistrate name: Senior Commissioner R Cosentino, Commissioner C Tsang, Commissioner T Kucera
Delivery Date: 3 Jul 2024
Result: Appeal dismissed
Citation: 2024 WAIRC 00398
WAIG Reference: 104 WAIG 776
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION
APPELLANT
-AND-
WESTERN AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION OF EMPLOYEES, CITY OF KALAMUNDA, LOCAL GOVERNMENT, RACING AND CEMETERIES EMPLOYEES UNION (WA), SHIRE OF BRIDGETOWN GREENBUSHES, SHIRE OF CARNAMAH, SHIRE OF DALWALLINU, 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, SHIRE OF YALGOO, SHIRE OF BODDINGTON, SHIRE OF BRUCE ROCK, SHIRE OF DOWERIN
RESPONDENTS
CORAM FULL BENCH
SENIOR COMMISSIONER R COSENTINO
COMMISSIONER C TSANG
COMMISSIONER T KUCERA
DATE WEDNESDAY, 3 JULY 2024
FILE NO/S FBA 4 OF 2024
CITATION NO. 2024 WAIRC 00398
Result Appeal dismissed
Appearances
APPELLANT MR N ELLERY OF COUNSEL
RESPONDENT MR T LETTENMAIER OF COUNSEL
Second Respondent Mr K Trainer
Minute of Proposed Order
HAVING heard from Mr N Ellery of counsel on behalf of the appellant, Mr T Lettenmaier of counsel on behalf of the first respondent and Mr K Trainer on behalf of the second respondent, the Full Bench, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders —
THAT the appeal be and is hereby dismissed.
By the Full Bench
SENIOR COMMISSIONER R COSENTINO
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION
APPELLANT
-and-
Western Australian Municipal, Administrative, Clerical and Services Union of Employees, City of Kalamunda, Local Government, Racing and Cemeteries Employees Union (WA), Shire of Bridgetown Greenbushes, Shire of Carnamah, Shire of Dalwallinu, 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, Shire of Yalgoo, Shire of Boddington, Shire of Bruce Rock, Shire of Dowerin
RESPONDENTS
CORAM FULL BENCH
Senior Commissioner R Cosentino
Commissioner C Tsang
Commissioner T Kucera
DATE wednesday, 3 July 2024
FILE NO/S FBA 4 OF 2024
CITATION NO. 2024 WAIRC 00398
Result Appeal dismissed
Appearances
Appellant Mr N Ellery of counsel
Respondent Mr T Lettenmaier of counsel
Second Respondent Mr K Trainer
Minute of Proposed Order
HAVING heard from Mr N Ellery of counsel on behalf of the appellant, Mr T Lettenmaier of counsel on behalf of the first respondent and Mr K Trainer on behalf of the second respondent, the Full Bench, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders —
THAT the appeal be and is hereby dismissed.
By the Full Bench
SENIOR COMMISSIONER R COSENTINO