Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourses, Public Authorities, Water Boards Union v City of Cockburn

[2010] FWA 6568

[2010] FWA 6568

FAIR WORK AUSTRALIA

STATEMENT AND DIRECTIONS

Fair Work Act 2009
s.238 - Application for a scope order

Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourses, Public Authorities, Water Boards Union
v
City of Cockburn
(B2010/3309)

COMMISSIONER CLOGHAN PERTH, 30 AUGUST 2010

[1] On 9 August 2010, the Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourses, Public Authorities, Water Boards Union (LGRCEU) (“the Applicant”) made application to Fair Work Australia for a Scope Order pursuant to s.238 of the Fair Work Act 2009 (“the Act”).

[2] The LGRCEU is a bargaining representative for a proposed enterprise agreement to be known as the City of Cockburn Enterprise Agreement 2010-2013 (“the Proposed Agreement”).

[3] The Respondent bargaining representative named in the application is the City of Cockburn (“the Employer”).

[4] The Applicant is seeking, by way of the Scope Order, two separate agreements in lieu of the proposed agreement. Provisionally, the two separate agreements would be known as follows:

• City of Cockburn General Workers Enterprise Agreement 2010

The scope of the agreement would be designed to cover employees traditionally covered and defined by the Local Government Officers (Western Australian) Award 1999;

• City of Cockburn Operational Depot Employees Enterprise Agreement 2010

The scope of the agreement would be designed to cover employees traditionally covered and defined by the Municipal Employees (Western Australian) Award 1999.

[5] The application was listed for hearing on 19 August 2010. However, due to the illness of a witness, the Applicant was unable to proceed with the application. The hearing was adjourned.

[6] At the hearing on 19 August 2010, the Employer advised that the proposed Agreement was the subject of a ballot which concluded on 11 August 2010. The ballot approved the proposed Agreement and an application for approval of the proposed agreement had been forwarded to Fair Work Australia. The application has been referred to me for consideration.

[7] The Applicant in these proceedings indicated that it seeks to oppose approval of the proposed Agreement on grounds set out in this application and other matters.

[8] Since the matter was adjourned, I was advised on 25 August 2010 that the witness has recovered to enable to give evidence.

[9] In these matters (B2010/3309 and AG2010/13472), I direct that:

• the LGRCEU provide an outline of their contentions in both matters (B2010/3309 and AG2010/13472);



• Statements of Evidence; and



• any other material on which they will seek to rely

by 4pm Thursday 9 September 2010 to the Tribunal and the City of Cockburn.

[10] The City of Cockburn provide:

• an outline of their contentions in both matters (B2010/3309 and AG2010/13472);



• Statements of Evidence; and



• any other material on which they will seek to rely

by 4pm Thursday 16 September 2010 to the Tribunal and the LGRCEU.

[11] The LGRCEU provide, in reply, to the Tribunal and the City of Cockburn any further contentions, Statements of Evidence or any further material which they intend to rely upon by 4pm Monday 20 September 2010.

[12] These matters are set down for hearing on Thursday 23 September 2010 at 9:00am.

COMMISSIONER

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