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

DOCX | 26kB
2024 WAIRC 00398

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 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

 

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