Western Australian Municipal, Administrative, Clerical and Services Union of Employees; The Construction, Forestry, Mining and Energy Union of Workers; Western Australian Municipal, Clerical and Services Union of Employees -v- (Not Applicable), Local Government, Racing and Cemeteries Employees Union (WA), Western Australian Local Government Association, The Construction, Forestry, Mining and Energy Union of Workers; (Not Applicable), Western Australian Municipal, Administrative, Clerical and Services Union of Employees; (Not Applicable), Mining and Energy Union of Workers
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: 17 Oct 2024
Result: Order issued
Citation: 2024 WAIRC 00910
WAIG Reference:
APPLICATIONS 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 THURSDAY, 17 OCTOBER 2024
CITATION NO. 2024 WAIRC 00910
Result Order issued
Representation
APPLICANT MR J BLACKBURN SC OF COUNSEL AND WITH HIM MR C FOGLIANI 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
First
Intervenor Mr K Trainer as agent on behalf of the Local Government, Racing and Cemeteries Employees Union (WA)
Second
Intervenor Mr N Ellery of counsel on behalf of the Western Australian Local Government Association
Order
HAVING heard Mr J Blackburn SC of counsel and with him Mr C Fogliani 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, Mr K Trainer as agent on behalf of the LGRCEU, and Mr N Ellery 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 –
(1) THAT as to the evidence that has been given or is to be given in these proceedings any documents passing between the WASU and the WALGA that relate to that evidence and which are not subject to a claim of legal professional privilege are to be produced by the WASU and the WALGA for inspection by the CFMEU by no later than 4.00 pm Thursday, 24 October 2024.
(2) THAT any claim of legal professional privilege by either the WASU or the WALGA is to be the subject of affidavit evidence identifying by list the documents the subject of the claim of privilege, such affidavit to be put on by 4.00 pm Thursday, 24 October 2024.
(3) THAT otherwise the proceedings will continue to be heard subject to:
(a) the WASU examination of the WALGA remaining witnesses is not to involve leading questions and is to be confined to matters arising in the witnesses’ evidence in chief; and
(b) the CFMEU being given liberty to apply to recall any WALGA witness(es).
(4) THAT there be liberty to apply on short notice.
By the Commission in Court Session
CHIEF COMMISSIONER S J KENNER
APPLICATIONS 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 THURSDAY, 17 OCTOBER 2024
CITATION NO. 2024 WAIRC 00910
Result Order issued
Representation
Applicant Mr J Blackburn SC of counsel and with him Mr C Fogliani 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
First
Intervenor Mr K Trainer as agent on behalf of the Local Government, Racing and Cemeteries Employees Union (WA)
Second
Intervenor Mr N Ellery of counsel on behalf of the Western Australian Local Government Association
Order
HAVING heard Mr J Blackburn SC of counsel and with him Mr C Fogliani 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, Mr K Trainer as agent on behalf of the LGRCEU, and Mr N Ellery 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 –
(1) THAT as to the evidence that has been given or is to be given in these proceedings any documents passing between the WASU and the WALGA that relate to that evidence and which are not subject to a claim of legal professional privilege are to be produced by the WASU and the WALGA for inspection by the CFMEU by no later than 4.00 pm Thursday, 24 October 2024.
(2) THAT any claim of legal professional privilege by either the WASU or the WALGA is to be the subject of affidavit evidence identifying by list the documents the subject of the claim of privilege, such affidavit to be put on by 4.00 pm Thursday, 24 October 2024.
(3) THAT otherwise the proceedings will continue to be heard subject to:
(a) the WASU examination of the WALGA remaining witnesses is not to involve leading questions and is to be confined to matters arising in the witnesses’ evidence in chief; and
(b) the CFMEU being given liberty to apply to recall any WALGA witness(es).
(4) THAT there be liberty to apply on short notice.
By the Commission in Court Session
CHIEF COMMISSIONER S J KENNER