Western Australian Municipal, Administrative, Clerical and Services Union of Employees and Another -v- (Not Applicable) and 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: 12 Nov 2025
Result: Order issued
Citation: 2025 WAIRC 00928
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 WEDNESDAY, 12 NOVEMBER 2025
FILE NO/S CICS 5 OF 2023, CICS 8 OF 2023, CICS 9 OF 2023
CITATION NO. 2025 WAIRC 00928
Result Order issued
Representation
Applicant Mr J Blackburn SC of counsel on behalf of the Western Australian Municipal, Administrative, Clerical and Services Union of Employees
Respondent Mr O Fagir of counsel on behalf of the Construction, Forestry, Mining and Energy Union of Workers
First Intervenor Mr K Trainer 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 on behalf of the WASU, Mr O Fagir of counsel on behalf of the CFMEUW, Mr K Trainer 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 this order applies to pages 436 to 469 of exhibit CFMEU 43 in these proceedings.
(2) THAT subject to any further order, the evidence subject of this order:
(a) Is to be kept confidential and may not be published or disclosed to any person other than the legal representatives of the parties and intervenors in these proceedings; and
(b) May not be used for any purpose other than the conduct of these proceedings.
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 Wednesday, 12 November 2025
FILE NO/S CICS 5 OF 2023, CICS 8 OF 2023, CICS 9 OF 2023
CITATION NO. 2025 WAIRC 00928
Result Order issued
Representation
Applicant Mr J Blackburn SC of counsel on behalf of the Western Australian Municipal, Administrative, Clerical and Services Union of Employees
Respondent Mr O Fagir of counsel on behalf of the Construction, Forestry, Mining and Energy Union of Workers
First Intervenor Mr K Trainer 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 on behalf of the WASU, Mr O Fagir of counsel on behalf of the CFMEUW, Mr K Trainer 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 this order applies to pages 436 to 469 of exhibit CFMEU 43 in these proceedings.
(2) THAT subject to any further order, the evidence subject of this order:
(a) Is to be kept confidential and may not be published or disclosed to any person other than the legal representatives of the parties and intervenors in these proceedings; and
(b) May not be used for any purpose other than the conduct of these proceedings.
By the Commission in Court Session
CHIEF COMMISSIONER S J KENNER