City of Melville -v- Western Australian Municipal, Administrative, Clerical and Services Union of Employees (WASU), Local Government Racing and Cemeteries Employees Union (LGRCEU WA)
Document Type: Order
Matter Number: AG 55/2025
Matter Description: City of Melville Outside Workforce Industrial Agreement 2025
Industry: Local Government
Jurisdiction: Single Commissioner
Member/Magistrate name: Senior Commissioner R Cosentino
Delivery Date: 28 Jul 2025
Result: Agreement Registered
Citation: 2025 WAIRC 00450
WAIG Reference:
CITY OF MELVILLE OUTSIDE WORKFORCE INDUSTRIAL AGREEMENT 2025
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES CITY OF MELVILLE
APPLICANT
-V-
WESTERN AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION OF EMPLOYEES (WASU), LOCAL GOVERNMENT RACING AND CEMETERIES EMPLOYEES UNION (LGRCEU WA)
RESPONDENTS
CORAM SENIOR COMMISSIONER R COSENTINO
DATE MONDAY, 28 JULY 2025
FILE NO/S AG 55 OF 2025
CITATION NO. 2025 WAIRC 00450
Result Agreement Registered
Representation (on the papers)
APPLICANT CITY OF MELVILLE
FIRST RESPONDENT WESTERN AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION OF EMPLOYEES (WASU)
SECOND
RESPONDENT LOCAL GOVERNMENT RACING AND CEMETERIES EMPLOYEES UNION (LGRCEU WA)
Order
WHEREAS this is an application pursuant to s 41 of the Industrial Relations Act 1979 (WA) to register an industrial agreement, namely the City of Melville Outside Workforce Industrial Agreement 2025 (Proposed Agreement);
AND WHEREAS in accordance with s 80BB(2) of the Act, a new State instrument, being a version of the Local Government Industry Award 2020 as at 1 January 2023 applies to the City of Melville and some of its employees to whom the Local Government Industry Award 2020 applied, as at 1 January 2023 (New State Instrument);
AND WHEREAS it is the parties’ intention that the Proposed Agreement replaces the:
(a) City of Melville Fleet Services Workshop Enterprise Bargaining Agreement 2017;
(b) The New State Instrument only to the extent of employees who are currently covered by it and whose positions will be covered by the Proposed Agreement (Relevant Employees).
AND WHEREAS I, the undersigned, am satisfied that the agreement meets the requirements of the Act for registration and that it should be registered;
NOW THEREFORE, the Commission, pursuant to the powers conferred under the Act, hereby orders –
1. THAT the agreement made between the parties filed in the Registry of the Commission on 22 July 2025 , entitled City of Melville Outside Workforce Industrial Agreement 2025 attached hereto be registered as an industrial agreement with effect from the date of this order.
2. THAT the City of Melville Fleet Services Workshop Enterprise Bargaining Agreement 2017 is, by operation of s 41(8) of the Act hereby cancelled.
3. THAT the Proposed Agreement is in substitution for the New State Instrument as it applied to the Relevant Employees and that the New State Instrument is taken to be substituted insofar as it relates to the Relevant Employees only.
SENIOR COMMISSIONER R COSENTINO
CITY OF MELVILLE OUTSIDE WORKFORCE INDUSTRIAL AGREEMENT 2025
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES City of Melville
APPLICANT
-v-
Western Australian Municipal, Administrative, Clerical and Services Union of Employees (WASU), Local Government Racing and Cemeteries Employees Union (LGRCEU WA)
RESPONDENTS
CORAM Senior Commissioner R Cosentino
DATE MONDAY, 28 July 2025
FILE NO/S AG 55 OF 2025
CITATION NO. 2025 WAIRC 00450
Result Agreement Registered
Representation (on the papers)
Applicant City of Melville
First Respondent Western Australian Municipal, Administrative, Clerical and Services Union of Employees (WASU)
Second
Respondent Local Government Racing and Cemeteries Employees Union (LGRCEU WA)
Order
WHEREAS this is an application pursuant to s 41 of the Industrial Relations Act 1979 (WA) to register an industrial agreement, namely the City of Melville Outside Workforce Industrial Agreement 2025 (Proposed Agreement);
AND WHEREAS in accordance with s 80BB(2) of the Act, a new State instrument, being a version of the Local Government Industry Award 2020 as at 1 January 2023 applies to the City of Melville and some of its employees to whom the Local Government Industry Award 2020 applied, as at 1 January 2023 (New State Instrument);
AND WHEREAS it is the parties’ intention that the Proposed Agreement replaces the:
(a) City of Melville Fleet Services Workshop Enterprise Bargaining Agreement 2017;
(b) The New State Instrument only to the extent of employees who are currently covered by it and whose positions will be covered by the Proposed Agreement (Relevant Employees).
AND WHEREAS I, the undersigned, am satisfied that the agreement meets the requirements of the Act for registration and that it should be registered;
NOW THEREFORE, the Commission, pursuant to the powers conferred under the Act, hereby orders –
- THAT the agreement made between the parties filed in the Registry of the Commission on 22 July 2025 , entitled City of Melville Outside Workforce Industrial Agreement 2025 attached hereto be registered as an industrial agreement with effect from the date of this order.
- THAT the City of Melville Fleet Services Workshop Enterprise Bargaining Agreement 2017 is, by operation of s 41(8) of the Act hereby cancelled.
- THAT the Proposed Agreement is in substitution for the New State Instrument as it applied to the Relevant Employees and that the New State Instrument is taken to be substituted insofar as it relates to the Relevant Employees only.
Senior Commissioner R Cosentino