State Award Updates
APPL 90 of 2024 - WALGA granted intervention
As previously advised in the June State Award Update the Local Government, Racing and Cemeteries Employees Union (LGRCEU) is seeking to insert a ‘Disciplinary Procedure’ into the Municipal Employees (Western Australia) Award 2021 (ME Award). The matter is relevant to the Local Government sector.
WALGA’s application to intervene in this matter as the peak representative body for Local Governments was granted by the Western Australian Industrial Relations Commission (Commission).
Although both the LGRCEU and the Western Australian Municipal, Administrative, Clerical and Services Union of Employees (WASU) objected to WALGA’s application, the Commission confirmed:
- “I am satisfied that WALGA has a sufficient indirect interest in these proceedings and there are no relevant considerations which warrant refusing WALGA permission to intervene”.
- “It is appropriate for the Commission to hear from WALGA as the recognised representative body for the local government sector in relation to the application to vary the Award”.
- “Many non-party local government employers with a direct interest in the proceedings, and therefore entitled to intervene, may elect not to do so given WALGA’s involvement”.
A full copy of the reasons for the decision can be located here.
Any other Local Governments wishing to review or provide feedback about the prosed Disciplinary Procedure should contact WALGA Employee Relations before the Directions Hearing which has been scheduled by the Commission at 9.30am on Thursday 8 August 2024.
APPL 80 of 2023 - further conference to determine wage rates in ME Award
APPL 80 of 2023 is a joint application by the WASU and the LGRCEU to increase the wage rates in the ME Award.
The matter has been listed for a third conference on 15 August 2024.
The respondent parties to this application include the named parties to the ME Award. WALGA acts as agent for most of the named employers.
APPL 3 & 4 of 2023 – WALGA seeking redaction of documents
WALGA is seeking further directions from the Commission to redact sensitive information from documents it was required by the Commission to produce which relate to a WALGA sector survey carried out in 2023. This survey was carried out by WALGA to obtain feedback to respond to the WASU’s claims in APPL 3 and 4 of 2023 to vary the ME Award and the Local Government Officers’ (Western Australia) Award 2021 Award by proposing to:
- Increase casual loading from 20% to 25%;
- Insert casual conversion;
- Insert employment equity;
- Insert cultural and ceremonial leave (LGO Award only);
- Insert regional redundancy;
- Insert flexible working arrangements.
The Commission is seeking to list the substantive hearing of these matters in November 2024.
S 80BH applications for unions to be named to new State instruments
The LGRCEU has made a number of applications to be named as a party to several Local Governments’ “new State instruments” (enterprise agreements which transitioned to the State industrial relations system), pursuant to section 80BH of the Industrial Relations Act 1979 (IR Act). Under this provision the Commission must grant an application to name the LGRCEU as a party to a new State instrument if employees covered by that instrument are eligible to be members of the LGRCEU.
On Friday 26 July WALGA attended a hearing at the Commission on behalf of some of the Local Government respondents to the LGRCEU’s section 80BH applications.
We understand that the LGRCEU intends to make further section 80BH applications. If your Local Government receives such an application, we recommend that you:
- Forward a copy of the application to WALGA by emailing employeerelations@walga.asn.au; and
- Draft and file with the Commission a response using Form 4 stating you do not oppose the application and are happy for the matter to be decided on the papers. This is because there are very limited grounds to oppose these applications. If you consider you may have grounds to oppose the application, please contact us for advice.
If you do not submit a Form 4 response to the LGRCEU’s application, the matter will be listed for a hearing, and you will receive further correspondence from the Commission regarding the listing date. Submitting a response informs the Commission of your Local Government’s position and allows the matter to be finalised without the need for a hearing to take place.
If you have any questions or require assistance in drafting a response to the LGRCEU’s section 80BH application, please contact us.
If you have any questions about this alert, please email WALGA Employee Relations or call 1300 366 956.
