Western Australian Municipal, Administrative, Clerical and Services Union of Employees -v- City of Gosnells, The Australian Municipal, Administrative, Clerical and Services Union - SECTION 29B PARTY, The Transport Workers Union - SECTION 29B PARTY
Document Type: Order
Matter Number: APPL 33/2024
Matter Description: Application pursuant to section 80BH to name Western Australian Municipal, Administrative, Clerical and Services Union of Employees as a party to the City of Gosnells Waste Collection Enterprise Agreement 2021
Industry: Local Government
Jurisdiction: Single Commissioner
Member/Magistrate name: Senior Commissioner R Cosentino
Delivery Date: 8 Jul 2024
Result: Order issued
Citation: 2024 WAIRC 00422
WAIG Reference:
APPLICATION PURSUANT TO SECTION 80BH TO NAME WESTERN AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION OF EMPLOYEES AS A PARTY TO THE CITY OF GOSNELLS WASTE COLLECTION ENTERPRISE AGREEMENT 2022
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES WESTERN AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION OF EMPLOYEES
APPLICANT
-V-
CITY OF GOSNELLS, THE AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION - SECTION 29B PARTY, THE TRANSPORT WORKERS UNION - SECTION 29B PARTY
RESPONDENTS
CORAM SENIOR COMMISSIONER R COSENTINO
DATE MONDAY, 8 JULY 2024
FILE NO/S APPL 33 OF 2024
CITATION NO. 2024 WAIRC 00422
Result Order issued
Representation (On the papers)
APPLICANT WESTERN AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION OF EMPLOYEES
RESPONDENTS CITY OF GOSNELLS AND OTHERS
Order
WHEREAS the Western Australian Municipal, Administrative, Clerical and Services Union of Employees (WASU) has applied to the Commission for an order pursuant to s 80BH of the Industrial Relations Act 1979 (WA) (IR Act) naming WASU as a party to the City of Gosnells Waste Collection Enterprise Agreement 2022.
AND WHEREAS the City of Gosnells is the employer party to the Agreement and the Transport Workers Union is an organisation of employees named in the Agreement;
AND WHEREAS the employer and the Union have each been served with a copy of WASU’s application, and have responded to the effect that they do not oppose the application;
AND WHEREAS WASU and the respondents consent to the Commission determining the application on the papers;
AND WHEREAS the Commission is satisfied that:
(a) WASU is an industrial association of employees registered under s 67 of the IR Act; and
(b) The Agreement is a new State instrument under s 80BB of the IR Act.
AND WHEREAS the Commission is of the opinion that the Agreement applies to employees who are eligible to be members of WASU;
NOW THEREFORE, the Commission, pursuant to the powers conferred under s 80BH of the IR Act, herby orders –
THAT the Western Australian Municipal, Administrative, Clerical and Services Union of Employees be named party to the City of Gosnells Waste Collection Enterprise Agreement 2022.
SENIOR COMMISSIONER R COSENTINO
APPLICATION PURSUANT TO SECTION 80BH TO NAME WESTERN AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION OF EMPLOYEES AS A PARTY TO THE CITY OF GOSNELLS WASTE COLLECTION ENTERPRISE AGREEMENT 2022
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Western Australian Municipal, Administrative, Clerical and Services Union of Employees
APPLICANT
-v-
City of Gosnells, The Australian Municipal, Administrative, Clerical and Services Union - SECTION 29B PARTY, The Transport Workers Union - SECTION 29B PARTY
RESPONDENTS
CORAM Senior Commissioner R Cosentino
DATE Monday, 8 July 2024
FILE NO/S APPL 33 OF 2024
CITATION NO. 2024 WAIRC 00422
Result Order issued
Representation (On the papers)
Applicant Western Australian Municipal, Administrative, Clerical and Services Union of Employees
Respondents City of Gosnells and others
Order
WHEREAS the Western Australian Municipal, Administrative, Clerical and Services Union of Employees (WASU) has applied to the Commission for an order pursuant to s 80BH of the Industrial Relations Act 1979 (WA) (IR Act) naming WASU as a party to the City of Gosnells Waste Collection Enterprise Agreement 2022.
AND WHEREAS the City of Gosnells is the employer party to the Agreement and the Transport Workers Union is an organisation of employees named in the Agreement;
AND WHEREAS the employer and the Union have each been served with a copy of WASU’s application, and have responded to the effect that they do not oppose the application;
AND WHEREAS WASU and the respondents consent to the Commission determining the application on the papers;
AND WHEREAS the Commission is satisfied that:
(a) WASU is an industrial association of employees registered under s 67 of the IR Act; and
(b) The Agreement is a new State instrument under s 80BB of the IR Act.
AND WHEREAS the Commission is of the opinion that the Agreement applies to employees who are eligible to be members of WASU;
NOW THEREFORE, the Commission, pursuant to the powers conferred under s 80BH of the IR Act, herby orders –
THAT the Western Australian Municipal, Administrative, Clerical and Services Union of Employees be named party to the City of Gosnells Waste Collection Enterprise Agreement 2022.
Senior Commissioner R Cosentino