Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries And Racecourse, Public Authorities, Water Boards Union
[2009] FWA 133
•24 AUGUST 2009
[2009] FWA 133 |
|
DECISION |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 12 - Application to vary pre-reform or transitional award
(C2009/10173)
MUNICIPAL EMPLOYEES (WESTERN AUSTRALIA) AWARD 1999
(ODN C01609/78) [AP788039]
Local government administration | |
VICE PRESIDENT LAWLER | SYDNEY, 24 AUGUST 2009 |
Location allowances.
[1] This is an application by the Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries And Racecourse, Public Authorities, Water Boards Union (Union) to vary the Municipal Employees (Western Australia) Award 1999 (Award) to update locality allowances consequent upon an update of West Australian locality allowances by the West Australian Industrial Relations Commission (WAIRC).
[2] An order for substituted service was made for service on the parties that one would expect to be served with such an application. I act on the assurance of Ms A. Ballantyne for the Union that copies of the application were served in accordance with that order for substituted service.
[3] Fair Work Australia (FWA) has received a number of communications from interested parties consenting to the application. There was no opposition to the application (although the Chamber of Commerce and Industry of Western Australia (CCIWA) identified errors in the draft order and made its consent conditional upon the correction of those errors).
[4] Pursuant to item 12 of Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, Division 5 of Part 10 of the Workplace Relations Act 1996 (WR Act), other than subsections 554(1)-(4), continues to apply as if references to the Australian Industrial Relations Commission (AIRC) were references to Fair Work Australia.
[5] The present application relies upon s.553 of the WR Act which allows for variations that are essential to the maintenance of minimum safety net entitlements for employees bound by an award. I have considered the matters that I am required to consider and I am satisfied that the requirements of the WR Act are met in relation to the application. In particular, the AIRC has generally followed the WAIRC in relation to the appropriate amount of West Australian locality allowances for safety net purposes. I am satisfied that the variations sought by the applicant are essential to the maintenance of minimum safety net entitlements in the Award. An order in terms of the draft order, but with the errors identified by WACCI corrected, has issued.
VICE PRESIDENT
Appearances:
Ms A Ballantyne for the Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries And Racecourse, Public Authorities, Water Boards Union.
Hearing details:
2009.
Sydney/Perth video:
August 21.
Printed by authority of the Commonwealth Government Printer
<Price code A, AP788039 PR988726 >
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