Western Australian Municipal, Administrative, Clerical and Services Union of Employees & Another -v- (Not Applicable) & Others
Document Type: Order
Matter Number: CICS 5/2023
Matter Description: Application pursuant to s 72A that the Western Australian Municipal, Administrative, Clerical and Services Union of Employees has the right, to the exclusion of the Construction, Forestry, Mining and Energy Union of Workers, to represent the industrial interests of all outside employees employed in the City of Rockingham
Industry: Unions
Jurisdiction: Commission in Court Session
Member/Magistrate name: Chief Commissioner S J Kenner, Senior Commissioner R Cosentino, Commissioner T Emmanuel
Delivery Date: 11 Jul 2025
Result: Application dismissed
Citation: 2025 WAIRC 00414
WAIG Reference:
APPLICATION PURSUANT TO S 72A
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES WESTERN AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION OF EMPLOYEES
APPLICANT
-V-
THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS
RESPONDENT
LOCAL GOVERNMENT, RACING AND CEMETERIES EMPLOYEES UNION (WA)
FIRST INTERVENOR
WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION
SECOND INTERVENOR
FILE NO/S CICS 5 OF 2023
PARTIES THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS
APPLICANT
-V-
WESTERN AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION OF EMPLOYEES
RESPONDENT
LOCAL GOVERNMENT, RACING AND CEMETERIES EMPLOYEES UNION (WA)
FIRST INTERVENOR
WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION
SECOND INTERVENOR
FILE NO/S CICS 8 OF 2023
PARTIES WESTERN AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION OF EMPLOYEES
APPLICANT
-V-
THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS
RESPONDENT
LOCAL GOVERNMENT, RACING AND CEMETERIES EMPLOYEES UNION (WA)
FIRST INTERVENOR
WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION
SECOND INTERVENOR
FILE NO/S CICS 9 OF 2023
CORAM COMMISSION IN COURT SESSION
CHIEF COMMISSIONER S J KENNER
SENIOR COMMISSIONER R COSENTINO
COMMISSIONER T EMMANUEL
DATE FRIDAY, 11 JULY 2025
FILE NO/S CICS 5 OF 2023
CITATION NO. 2025 WAIRC 00414
Result Application dismissed
Representation
Applicant Ms RJ Webb KC of counsel and with her Mr T Lettenmaier of counsel on behalf of the Western Australian Municipal, Administrative, Clerical and Services Union of Employees
Respondent Mr O Fagir of counsel and with him Mr M Cox of counsel on behalf of the Construction, Forestry, Mining and Energy Union of Workers
Second
Intervenor Mr K de Kerloy SC of counsel and with him Mr J Creese of counsel on behalf of the Western Australian Local Government Association
Order
HAVING heard Ms RJ Webb KC of counsel and Mr T Lettenmaier of counsel on behalf of the WASU, Mr O Fagir of counsel and with him Mr M Cox of counsel on behalf of the CFMEUW, and Mr K de Kerloy SC of counsel and with him Mr J Creese of counsel on behalf of the WALGA, the Commission in Court Session, pursuant to the powers conferred on it by the Industrial Relations Act 1979 (WA), hereby orders –
THAT the application by the CFMEUW to set aside the claims of legal professional privilege made by the WASU and the WALGA and for production and inspection of documents arising from the order of the Commission in Court Session made on 17 October 2024 ([2024] WAIRC 00910; (2024) 104 WAIG 2307) be and is hereby dismissed.
By the Commission in Court Session
CHIEF COMMISSIONER S J KENNER
APPLICATION PURSUANT TO S 72A
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Western Australian Municipal, Administrative, Clerical and Services Union of Employees
APPLICANT
-v-
The Construction, Forestry, Mining and Energy Union of Workers
RESPONDENT
Local Government, Racing and Cemeteries Employees Union (WA)
FIRST INTERVENOR
Western Australian Local Government Association
SECOND INTERVENOR
FILE NO/S CICS 5 OF 2023
PARTIES The Construction, Forestry, Mining and Energy Union of Workers
APPLICANT
-v-
Western Australian Municipal, Administrative, Clerical and Services Union of Employees
RESPONDENT
Local Government, Racing and Cemeteries Employees Union (WA)
FIRST INTERVENOR
Western Australian Local Government Association
SECOND INTERVENOR
FILE NO/S CICS 8 OF 2023
PARTIES Western Australian Municipal, Administrative, Clerical and Services Union of Employees
APPLICANT
-v-
The Construction, Forestry, Mining and Energy Union of Workers
RESPONDENT
Local Government, Racing and Cemeteries Employees Union (WA)
FIRST INTERVENOR
Western Australian Local Government Association
SECOND INTERVENOR
FILE NO/S CICS 9 OF 2023
CORAM COMMISSION IN COURT SESSION
Chief Commissioner S J Kenner
Senior Commissioner R Cosentino
Commissioner T Emmanuel
DATE FRIDAY, 11 JULY 2025
FILE NO/S CICS 5 OF 2023
CITATION NO. 2025 WAIRC 00414
Result Application dismissed
Representation
Applicant Ms RJ Webb KC of counsel and with her Mr T Lettenmaier of counsel on behalf of the Western Australian Municipal, Administrative, Clerical and Services Union of Employees
Respondent Mr O Fagir of counsel and with him Mr M Cox of counsel on behalf of the Construction, Forestry, Mining and Energy Union of Workers
Second
Intervenor Mr K de Kerloy SC of counsel and with him Mr J Creese of counsel on behalf of the Western Australian Local Government Association
Order
HAVING heard Ms RJ Webb KC of counsel and Mr T Lettenmaier of counsel on behalf of the WASU, Mr O Fagir of counsel and with him Mr M Cox of counsel on behalf of the CFMEUW, and Mr K de Kerloy SC of counsel and with him Mr J Creese of counsel on behalf of the WALGA, the Commission in Court Session, pursuant to the powers conferred on it by the Industrial Relations Act 1979 (WA), hereby orders –
THAT the application by the CFMEUW to set aside the claims of legal professional privilege made by the WASU and the WALGA and for production and inspection of documents arising from the order of the Commission in Court Session made on 17 October 2024 ([2024] WAIRC 00910; (2024) 104 WAIG 2307) be and is hereby dismissed.
By the Commission in Court Session
CHIEF COMMISSIONER S J KENNER