On Thursday, 29 April 2021 the Western Australian Industrial Relations Commission (WAIRC) cancelled the Local Government Officers’ (Western Australia) Interim Award 2011 and Municipal Employees (Western Australia) Interim Award 2011 (together the ‘Interim Awards’) and made two new awards, the Local Government Officers’ (Western Australia) Award 2021 and Municipal Employees (Western Australia) Award 2021 (together the ‘New Awards’).

Local Governments that operate in the State industrial relations system must now apply the two New Awards, which took effect on and from 27 April 2021: The New Awards contain the same terms and conditions as the Interim Awards. The only changes include the title of the awards and the list of named parties and respondents to the awards.
 
How to Implement the New State Awards

Local Governments that apply the New State Awards should:
  • advise employees of the New State Awards. This can be done by:
    • posting a copy of the New Awards on an employee notice board (see clause 30 of the ME Award), and
    • circulating a copy of the New Awards to employees by email, uploading the New Awards to the intranet or printing out a copy for Employees
  • review all HR policies and procedures, and position descriptions to update any references to the New State Awards, and
  • review contracts of employment and if they contain references to the Interim Awards, issue a letter to employees to advise of the application of the New Awards.
 Background to Creation of the New Awards

On Friday, 27 November 2020 the Western Australian Municipal, Administrative, Clerical and Services Union of Employees (ASU) made two applications in the WAIRC to make two New Awards to replace the Interim Awards.

The ASU did not notify WALGA about the applications, but the applications were served on a small number of Local Governments that have industrial agreements registered with the WAIRC.

WALGA was advised of the applications by a Local Government at the end of February 2021 and WALGA took steps to represent ten Local Governments that currently operate in the State industrial relations system.

WALGA participated in two hearings at the WAIRC last week and was successful in its application to join eight Local Governments to each of the applications for the New Awards and in being granted leave to intervene on behalf of one Local Government for each of the applications.

Please find a copy of the orders issued by Commissioner Walkington of the WAIRC below: If you have any questions about this alert, please email WALGA Employee Relations or call 1300 366 956.