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 ENCLOSED SCHEDULE of Respondents

RESPONDENTS

CORAM Senior Commissioner R Cosentino

DATE TUESday, 18 March 2025

FILE NO. APPL 164 OF 2024

CITATION NO. 2025 WAIRC 00173

Result Direction issued

Representation 

Applicant Mr R Knox

Respondents Ms D Lamb on behalf of the Shire of East Pilbara

Ms V Cullen and Ms J Love on behalf of the Shire of Dundas

Mr C Watts on behalf of the Shire of Merredin

Direction

HAVING heard from Mr Knox on behalf of the Western Australian Municipal, Administrative, Clerical and Services Union of Employees (WASU) and Ms Lamb on behalf of the Shire of East Pilbara, Ms Cullen and Ms Love on behalf of the Shire of Dundas, and Mr Watts on behalf of the Shire of Merredin, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby directs –

1. THAT the Shire of Merredin has permission to appear at the directions hearing of 17 March 2025 remotely.

2. THAT the Shire of Merredin’s application for leave to appear remotely in these proceedings, and all other such applications, be adjourned for later determination.

3. THAT WASU’s application pursuant to s 27(1)(a) of the Act, dated 5 March 2025 and its application to amend that application dated 14 March 2025 are each dismissed.

4. THAT any application under s 27(1)(j) of the Act by a respondent to be struck out as a respondent on the basis that the Local Government Industry Award 2020 did not apply to it at a relevant time is to be filed on or before 14 April 2025.

5. THAT any application by a non-party local government under s 27(1)(j) to be joined as a respondent on the basis that the Local Government Industry Award 2020 did apply to it at a relevant time is to be filed on or before 14 April 2025.

6. THAT the question of whether the Local Government Industry Award 2020 is a single New State Instrument applying collectively to local government employers or whether there is a separate New State Instrument in respect of individual local government employers be determined as a preliminary issue (‘Preliminary Issue’).

7. THAT WASU is to file written submissions and a list of authorities in relation to the Preliminary Issue by 31 March 2025.

8. THAT the Shire of Dundas is to file written submissions and a list of authorities in relation to the Preliminary Issue by 21 April 2025.

9. THAT if any other respondent wishes to be heard in relation to the Preliminary Issue, the respondent must file any written submissions and list of authorities by 9 May 2025. Submissions must not repeat the Shire of Dundas’ written submissions but should be confined to any additional or expanded submissions. For clarity, if a respondent has filed a Response adopting the Shire of Dundas’ Response, the respondent will be taken to also adopt the Shire of Dundas’ submissions without having to file any written submissions in relation to the Preliminary Issue.

10. THAT the Preliminary Issue be listed for hearing on a date to be fixed, not before 9 May 2025.

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 Capel

Eighth Respondent - Shire of Carnarvon

Ninth Respondent - Shire of Chapman Valley

Tenth Respondent - Shire of Chittering

Eleventh Respondent - Shire of Coolgardie

Twelfth Respondent - Shire of Coorow

Thirteenth Respondent - Shire of Cuballing

Fourteenth Respondent - Shire of Cunderdin

Fifteenth Respondent - Shire of Dalwallinu

Sixteenth Respondent - Shire of Dandaragan

Seventeenth Respondent - Shire of Dardanup

Eighteenth Respondent - Shire of Denmark

Nineteenth Respondent - Shire of Dalwallinu

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