APPLICATION PURSUANT TO SECTION 80BH TO NAME WESTERN AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION OF EMPLOYEES AS A PARTY TO THE CITY OF SWAN - PARKS, FACILITIES AND ENGINEERING ENTERPRISE AGREEMENT 2019

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Western Australian Municipal, Administrative, Clerical and Services Union of Employees

APPLICANT

-v-

City of Swan, Western Australian Shire Councils, Municipal Boards, Health Boards, Parks, Cemeteries and Racecourses, Public Authorities Water Boards Union - SECTION 29B PARTY, Australian Municipal, Administrative, Clerical and Services Union - SECTION 29B PARTY, Construction, Forestry, Maritime, Mining and Energy Union - SECTION 29B PARTY

RESPONDENTS

CORAM Senior Commissioner R Cosentino

DATE THURSday, 11 JuLY 2024

FILE NO/S APPL 73 OF 2024

CITATION NO. 2024 WAIRC 00463

Result Order issued

Representation 

Applicant Mr R Knox

First Respondent Ms R Miller as agent and Ms J Love as agent

Second Respondent Mr A Johnson

Third Respondent No appearance

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 Swan - Parks, Facilities and Engineering Enterprise Agreement 2019.

AND WHEREAS the City of Swan is the employer party to the Agreement and both the Construction, Forestry, Maritime, Mining and Energy Union and the organisation previously known Western Australian Shire Councils, Municipal Boards, Health Boards, Parks, Cemeteries and Racecourses, Public Authorities Water Boards Union are organisations of employees named in the Agreement;

AND WHEREAS the employer and the respondents have each been served with a copy of WASU’s application, and do not oppose 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 Swan - Parks, Facilities and Engineering Enterprise Agreement 2019.

Senior Commissioner R Cosentino