Western Australian Municipal, Administrative, Clerical and Services Union of Employees -v- City of Bunbury, The Australian Municipal, Administrative, Clerical and Services Union - SECTION 29B PARTY, Construction, Forestry, Maritime, Mining and Energy Union - SECTION 29B PARTY, Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourses, Public Authorities, Water Boards Union - SECTION 29B PARTY
Document Type: Order
Matter Number: APPL 12/2024
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 Bunbury Employees 2022 Enterprise Agreement
Industry: Local Government
Jurisdiction: Single Commissioner
Member/Magistrate name: Senior Commissioner R Cosentino
Delivery Date: 11 Jul 2024
Result: Order issued
Citation: 2024 WAIRC 00443
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 BUNBURY EMPLOYEES 2022 ENTERPRISE AGREEMENT
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES WESTERN AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION OF EMPLOYEES
APPLICANT
-V-
CITY OF BUNBURY, THE AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION - SECTION 29B PARTY, CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION - SECTION 29B PARTY, WESTERN AUSTRALIAN SHIRE COUNCILS, MUNICIPAL ROAD BOARDS, HEALTH BOARDS, PARKS, CEMETERIES AND RACECOURSES, PUBLIC AUTHORITIES, WATER BOARDS UNION - SECTION 29B PARTY
RESPONDENTS
CORAM SENIOR COMMISSIONER R COSENTINO
DATE THURSDAY, 11 JULY 2024
FILE NO/S APPL 12 OF 2024
CITATION NO. 2024 WAIRC 00443
Result Order issued
Representation
APPLICANT MR R KNOX
FIRST RESPONDENT NO APPEARANCE
Second Respondent No appearance
Third Respondent Mr A Johnson
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 Bunbury Employees 2022 Enterprise Agreement.
AND WHEREAS the City of Bunbury is the employer party to the Agreement and both the Construction, Forestry, Maritime, Mining and Energy Union and the organisation previously known as the Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourses, Public Authorities, Water Boards Union are organisations of employees named in the Agreement;
AND WHEREAS the employer has been served with a copy of WASU’s application and does not oppose the application;
AND WHEREAS the respondents have been served with a copy of WASU’s application, and have not responded to nor opposed the application;
AND WHEREAS the Commission listed WASU’s application for hearing on 11 July 2024. At the hearing, no party raised any opposition to the application;
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 Bunbury Employees 2022 Enterprise Agreement.
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 BUNBURY EMPLOYEES 2022 ENTERPRISE AGREEMENT
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Western Australian Municipal, Administrative, Clerical and Services Union of Employees
APPLICANT
-v-
City of Bunbury, The Australian Municipal, Administrative, Clerical and Services Union - SECTION 29B PARTY, Construction, Forestry, Maritime, Mining and Energy Union - SECTION 29B PARTY, Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourses, Public Authorities, Water Boards Union - SECTION 29B PARTY
RESPONDENTS
CORAM Senior Commissioner R Cosentino
DATE Thursday, 11 JuLY 2024
FILE NO/S APPL 12 OF 2024
CITATION NO. 2024 WAIRC 00443
Result Order issued
Representation
Applicant Mr R Knox
First Respondent No appearance
Second Respondent No appearance
Third Respondent Mr A Johnson
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 Bunbury Employees 2022 Enterprise Agreement.
AND WHEREAS the City of Bunbury is the employer party to the Agreement and both the Construction, Forestry, Maritime, Mining and Energy Union and the organisation previously known as the Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourses, Public Authorities, Water Boards Union are organisations of employees named in the Agreement;
AND WHEREAS the employer has been served with a copy of WASU’s application and does not oppose the application;
AND WHEREAS the respondents have been served with a copy of WASU’s application, and have not responded to nor opposed the application;
AND WHEREAS the Commission listed WASU’s application for hearing on 11 July 2024. At the hearing, no party raised any opposition to the application;
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 Bunbury Employees 2022 Enterprise Agreement.
Senior Commissioner R Cosentino