MUNICIPAL EMPLOYEES (WESTERN AUSTRALIA) AWARD 2021

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Western Australian Municipal, Administrative, Clerical and Services Union of Employees, Local Government, Racing and Cemeteries Employees Union (WA)

APPLICANTS

-v-

City of Kalamunda, 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 Bridgetown Greenbushes, Shire of Bruce Rock, Shire of Carnamah, Shire of Dalwallinu, Shire of Dowerin, Shire of Goomalling, Shire of Halls Creek

RESPONDENTS

CORAM Senior Commissioner R Cosentino

DATE WEDNESday, 4 December 2024

FILE NO/S APPL 80 OF 2023

CITATION NO. 2024 WAIRC 01008

Result Award varied

Representation

First Applicant Fogliani Lawyers

Second Applicant Local Government, Racing and Cemeteries Union (WA)

First Respondent City of Kalamunda

Second, Fourth,

Fifth, Sixth,

Seventh, Ninth,

Tenth,

Eleventh,

Fourteenth,

Fifteenth,

Sixteenth,

Nineteenth,

Twenty-First,

Twenty-Second,

Twenty-Fourth

& Twenty-Fifth

Respondents Western Australian Local Government Association

Seventeenth

Respondent City of Ravensthorpe

Third, Eight,

Twelfth,

Thirteenth,

Eighteenth,

Twentieth

& Twenty-Third

Respondents Fitz Gerald Strategies

Order

WHEREAS the applicants jointly applied on 30 November 2023 to vary the wage rates in clause 16 of the Municipal Employees (Western Australia) Award 2021;

AND WHEREAS following a number of conferences between the parties to the proceedings, the parties reached a consensus as to proposed new wage rates for clause 16 of the Award;

AND WHEREAS on 22 August 2024 the Commission notified all non-respondent employers bound by the Award of the application and of the proposed new rates agreed by the parties;

AND WHEREAS no non-respondent employer has sought leave to intervene in the proceedings, nor indicated any opposition to the proposed new rates;

AND BEING satisfied that:

a. the applicants, being parties to the Award, have standing to apply for the Award’s variation;

b. the amendments proposed do not effect any substantive change to the scope of the Award or its area of operation;

c. the application is consistent with Principle 3 of the Statement of Principles – July 2024 ([2024] WAIRC 00345; (2024) 104 WAIG 752) which enables the variation of an award to include the minimum wage and Principle 10;

d. the application is not made within a term specified in the Award; and

e. the requirements in the Industrial Relations Act 1979 (WA) (IR Act) for varying the Award are met.

NOW THEREFORE, the Commission, pursuant to the powers conferred under the IR Act, hereby orders by consent –

1. THAT the table in clause 16.1 of the Municipal Employees (Western Australia) Award 2021 is deleted and the following is inserted in its place:

Note: The minimum hourly rate is calculated by dividing the minimum weekly rate by 38 hours to four decimal points.

Senior Commissioner R Cosentino