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:

DOCX | 28kB
2025 WAIRC 00414
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

Western Australian Municipal, Administrative, Clerical and Services Union of Employees & Another -v- (Not Applicable) & Others

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