State Award Update
APPL 90 of 2024 - addition of an award based disciplinary procedure
The Local Government, Racing and Cemeteries Employees Union (WA) (LGRCEU) has made a new claim to vary the Municipal Employees (Western Australia) Award 2021 (ME Award) by inserting a prescriptive disciplinary procedures clause into the Award.
The proposed disciplinary procedures clause applies to any process in any form which has the potential to include any disciplinary action against an employee. 'Disciplinary action' includes any act taken by the employer that is detrimental to the interests of the employee.
There is currently a risk that this clause will become an industry standard and apply to all Local Governments, including by operation of s.41.9 of the Industrial Relations Act 1979 (WA) or in agreement negotiations or industrial disputes (e.g. s.44 and unfair dismissal claims).
The 25 Local Government parties to the ME Award and the Western Australian Municipal, Administrative, Clerical and Services Union of Employees (WASU) have been named as respondents to the application.
WALGA has taken steps to intervene in this matter on behalf of the Local Government sector. We believe we are in a unique position to provide a ‘singular perspective’ of the Local Government sector, which will be informed by consultation, sector experience and direct comment from those members who wish to have input into APPL 90 of 2024 but may not have the resources to take an active part as an intervenor or named respondent.
We will be seeking your direct feedback about APPL 90 of 2024 in due course.
APPL 6 of 2024
This is an application by the LGRCEU to increase the industry allowance in the ME Award (clause 19.5) from $21.82 to $34.82 for compensation for disabilities on construction and maintenance work. The same above respondents to APPL 90 of 2024 are the respondents to this application.
On 28 May 2024, Senior Commissioner Cosentino issued an order that the application will be determined on the papers (following a hearing which was listed on 27 May 2024) and inviting the parties to make written submissions by 17 June 2024.
APPL 80 of 2023
This application is the joint union claim made by the WASU and the LGRCEU (together, Local Government Unions) to increase the rates in clause 16 of the ME Award.
WALGA attended a WAIRC conciliation conference with the Local Government Unions on 31 May 2024 before Senior Commissioner Cosentino and represented the majority of Local Government respondents which are the parties to the ME Award.
The matter has now been listed for a second conference on 27 June 2024.
If you wish to discuss these applications, please call WALGA Employee Relations on 1300 366 956.
If you have any questions about this alert, please email WALGA Employee Relations or call 1300 366 956.
