APPLICATION PURSUANT TO SECTION 80BH TO NAME WESTERN AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION OF EMPLOYEES AS A PARTY TO THE LOCAL GOVERNMENT INDUSTRY AWARD 2020

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

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

APPLICANT

-v-

City of Melville and others referred to in the attached schedule

RESPONDENTS

CORAM Senior Commissioner R Cosentino

DATE TUESday, 29 April 2025

FILE NO/S APPL 164 OF 2024

CITATION NO. 2025 WAIRC 00259

Result Order issued

Representation On the papers

Order

WHEREAS on 18 March 2025 the Commission issued Direction [2025] WAIRC 00173, which, amongst other directions, specified timeframes for parties to make an application to be struck out as party to this matter, or to be joined as a party to this matter;

AND WHEREAS, in line with Direction 4, the Commission received applications from the Shire of Morawa, the Shire of Bruce Rock, the Shire of Menzies and the Shire of Mount Magnet seeking to be struck out as parties to this matter;

AND WHEREAS, in line with the Direction 5, the Shire of Esperance made an application seeking to be joined as a party to this matter;

AND WHEREAS the parties were invited to inform the Commission of any objections to the strike out applications and to the application to be joined as a party;

AND WHEREAS the Commission has not been informed by any party of any objection or opposition to the applications;

AND WHEREAS in these circumstances the Commission has determined that it is appropriate to deal with the applications on the papers;

AND WHEREAS the Commission has considered the applications and is satisfied that:

(a)  The Shire of Esperance ought to have been named as a party to the proceedings;

(b)  The Shires of Morawa, Bruce Rock, Menzies and Mount Magnet ought not to have been named as parties to the proceedings as the Local Government Industry Award 2020 did not apply to them at the relevant time;

NOW THEREFORE, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders –

1. THAT pursuant to s 27(1)(j) of the Act, the Shire of Morawa, the Shire of Bruce Rock, the Shire of Menzies and the Shire of Mount Magnet are struck out as respondents and;

2. THAT pursuant to s 27(1)(j) of the Act, the Shire of Esperance is joined as the Sixty-First Respondent to this matter.

Senior Commissioner R Cosentino

Schedule of Respondents

First Respondent  City of Melville

Second Respondent  City of Subiaco

Third Respondent  City of Swan

Fourth Respondent  Eastern Metropolitan Regional Council

Fifth Respondent  Shire of Beverley

Sixth Respondent  Shire of Boyup Brook

Seventh Respondent           Shire of Bruce Rock

Eighth Respondent  Shire of Capel

Ninth Respondent  Shire of Carnarvon

Tenth Respondent  Shire of Chapman Valley

Eleventh Respondent  Shire of Chittering

Twelfth Respondent  Shire of Coolgardie

Thirteenth Respondent  Shire of Coorow

Fourteenth Respondent  Shire of Cuballing

Fifteenth Respondent  Shire of Cunderdin

Sixteenth Respondent  Shire of Dalwallinu

Seventeenth Respondent  Shire of Dandaragan

Eighteenth Respondent  Shire of Dardanup

Nineteenth Respondent  Shire of Denmark

Twentieth Respondent  Shire of Donnybrook-Balingup

Twenty-First Respondent  Shire of Dundas

Twenty-Second Respondent  Shire of East Pilbara

Twenty-Third Respondent  Shire of Gingin

Twenty-Fourth Respondent  Shire of Gnowangerup

Twenty-Fifth Respondent  Shire of Halls Creek

Twenty-Sixth Respondent  Shire of Irwin

Twenty-Seventh Respondent  Shire of Jerramungup

Twenty-Eighth Respondent  Shire of Katanning

Twenty-Ninth Respondent  Shire of Kellerberrin

Thirtieth Respondent  Shire of Koorda

Thirty-First Respondent  Shire of Kulin

Thirty-Second Respondent  Shire of Lake Grace

Thirty-Third Respondent  Shire of Meekatharra

Thirty-Fourth Respondent       Shire of Menzies

Thirty-Fifth Respondent  Shire of Merredin

Thirty-Sixth Respondent  Shire of Mingenew

Thirty-Seventh Respondent  Shire of Moora

Thirty-Eighth Respondent       Shire of Morawa

Thirty-Ninth Respondent        Shire of Mount Magnet

Fortieth Respondent  Shire of Mount Marshall

Forty-First Respondent  Shire of Mukinbudin

Forty-Second Respondent  Shire of Murchison

Forty-Third Respondent  Shire of Narrogin

Forty-Fourth Respondent  Shire of Ngannyatjarraku

Forty-Fifth Respondent  Shire of Northam

Forty-Sixth Respondent  Shire of Nungarin

Forty-Seventh Respondent  Shire of Quairading

Forty-Eighth Respondent  Shire of Serpentine-Jarrahdale

Forty-Ninth Respondent  Shire of Shark Bay

Fiftieth Respondent  Shire of Tammin

Fifty-First Respondent  Shire of Trayning

Fifty-Second Respondent  Shire of West Arthur

Fifty-Third Respondent  Shire of Wickepin

Fifty-Fourth Respondent  Shire of Williams

Fifty-Fifth Respondent  Shire of Wongan-Ballidu

Fifty-Sixth Respondent  Shire of Wyalkatchem

Fifty-Seventh Respondent  Town of East Fremantle

Fifty-Eighth Respondent  Town of Mosman Park

Fifty-Ninth Respondent  Western Metropolitan Regional Council

Sixtieth Respondent  Shire of Mundaring

Sixty-First Respondent         Shire of Esperance