The Full Bench has decided to dismiss an appeal against a decision of the Commission to reopen a hearing on whether the Kimberley Land Council is a trading corporation.

The Full Bench has today, by a majority, upheld the decision of a Commissioner that the Shire of Ravensthorpe is not a trading corporation.

Today (17 October 2009) Senior Commissioner Jennifer Smith commences her appointment as Acting President and will deal with matters within the President’s jurisdiction filed from today onward.

The applicant, who was employed as a receptionist, alleged she was unfairly dismissed by the Al-Hidayah Islamic School.

The Full Bench has approved the registration of Community Employers WA as an organisation of employers.

The Industrial Appeal Court has upheld the finding of the Full Bench of the Commission that a prisoner is not an employee.

In an application lodged on 25 August 2009 the SSTU claimed that the implementation of the Independent Public Schools Program (IPSP) should be delayed as it was being hastily implemented by DET and a number of industrial issues needed to be negotiated prior to the implementation.

The stop work meeting was to have been conducted by the train drivers to discuss concerns regarding a memorandum distributed by the employer which they say made unilateral changes to the rostering arrangement.

On Tuesday, 18 August 2009 Commissioner S J Kenner issued his decision and order in Leahy v. Liquor, Hospitality and Miscellaneous Union.

The Industrial Appeal Court has held that it does not have the power to extend the time within which an appeal may be instituted: Saldanha v. Fujitsu Australia Ltd [2009] WASCA 119.

Section 29AA(3) and (4) of the Industrial Relations Act, 1979 provides that the Commission must not determine a claim for harsh, oppressive or unfair dismissal or a claim for a denied contractual benefit if an industrial instrument does not apply to the employment and the contract of employment provides for a salary which exceeds the prescribed amount.

The Commission In Court Session issued a General Order for the 2009 Location Allowances on Monday, 29 June 2009.

The Hon Acting President is pleased to advise that he has engaged a new Associate.

The Commission in Court Session handed down its decision in the 2009 State Wage Case on Thursday, 11 June 2009.

Commissioner S J Kenner recently dismissed an application in which it was alleged that the applicant's employer caused disadvantage to a safety and health representative in contravention of s35A of the Occupational Safety and Health Act (Walker v P & O Automotive and General Stevedoring [2009] WAIRC 00250).

The Commission in Court Session has now heard all submissions in the 2009 State Wage Case.

Submissions from interested parties have now closed and a five-member Commission in Court Session will sit on 19-22 and 26 May 2009 to hear oral submissions.

The Hon Acting President Ritter has published reasons for decision in Mcjannett v. Reynolds and Ors [2009] WAIRC 00212 in which the Applicant filed a notice pursuant to s 66 of the Industrial Relations Act, 1979.

The Hon Acting President is pleased to advise that he has engaged a new Associate.

Commissioner Stephen Kenner's Report into his Inquiry into the Mines Safety and Inspection Act 1994 (WA) was tabled in the Parliament of W.A. last week.

The Full Bench on Friday, 3 April 2009 dismissed an “appeal” from a decision of the Public Service Appeal Board, on the basis that it did not have jurisdiction to hear it (Hill v. Commissioner, Corrective Services, Dept. of Corrective Services [2009] WAIRC 00166).

The Industrial Appeal Court has dismissed an appeal against a decision of the Full Bench which held that an industrial agreement only applies to persons who are employees at the date of registration of the industrial agreement and thereafter whilst the industrial agreement is in force.

The Commission is required to set the minimum wage to apply to employers and employees covered by the WA industrial relations system.

The Full Bench yesterday handed down its reasons for decision in an appeal regarding denied contractual benefits for work performed by the Appellant while he was a prisoner.

The Commission recently issued two decisions regarding representation by counsel at reclassification appeal hearings.

The Chief Magistrate, with reference to the Industrial Magistrates Court, has issued a new Practice Direction and amended Forms.

The Department of Education and Training had appealed a finding of the Commission that an inquiry into charges laid against a school psychologist did not afford procedural fairness, and subsequently that the findings of the Department in relation to the charges laid were null and void.

Commissioner Kenner has this afternoon issued an order in relation to proposed industrial action on Monday, 2 February by school support staff in government schools throughout the State.

Acting President Mark Ritter has today ordered that the CFMEUW State election proceed and has ordered a timetable for this to occur.

The Acting President on Friday, 23 January 2009 issued reasons for decision in the applications PRES 3-6 of 2008 (Thompson v. Reynolds and Ors [2009] WAIRC 24).

The applicant had filed a claim for denied contractual benefits and the respondent argued the Commission did not have the jurisdiction to deal with the application because the Industrial Relations Act, 1979 (WA) is excluded by the Commonwealth Workplace Relations Act.

The Employment Dispute Resolution Act 2008 is new legislation that enables employers and employees to seek mediation services of the Commission to prevent or resolve workplace disputes.

The Honourable Acting President Mark Ritter presented a paper at the Fourth Australian Institute of Judicial Administration's Appellate Judges' Conference (Melbourne, November 2008) on the topic of 'Appellate Review of Video-Recorded Trials'.)

The Commission issued a decision that found a prisoner was not an employee of the Commissioner, Corrective Services of the Department of Corrective Services for the purposes of the Industrial Relations Act 1979 (WA).

The Full Bench handed down its reasons for decision in an appeal about a public sector officer who was subsequently appointed to the staff of the Corruption and Crime Commission (the CCC) and whose position with the CCC was then abolished.

Industrial Magistrate issued a decision in which the accused was acquitted of charges of employing children under 15 in a business, trade or occupation carried on for profit.

The Acting President has been hearing applications in which it is alleged that members of the CFMEU had their nominations for election to the office of organiser wrongly rejected by the returning officer because of a deficiency in their financial status. In a related application a member is alleging he was wrongly not included on the electoral roll for the election of all office bearers of the CFMEU because of his lack of financial status.

Commission decides that a company who employs a chiropractor to provide professional services is a trading corporation.

The Commission issued a decision that found the Shire of Dalwallinu is a trading corporation and covered by the Workplace Relations Act 1996 (Cth).

The Road Freight Transport Industry Tribunal came into existence on 1 August 2008 on the proclamation of the Owner-Drivers (Contracts and Disputes) Act 2007.

The Commission In Court Session issued a General Order for the 2008 Location Allowances on Tuesday, 8 July 2008.

Commissioner Jennifer Harrison today issued an order that the State School Teachers Union of W.A. (Inc) (“SSTU”) and its members immediately lift a ban and related action concerning the implementation of the 2009 Courses of Study.

On 20 May 2008 the Department of Education and Training and a number of TAFE Colleges applied to end the bargaining period to negotiate a new agreement with the State School Teachers Union of Western Australian Incorporated (“SSTU”).

Section 29AA(3) and (4) of the Industrial Relations Act, 1979 provides that the Commission must not determine a claim for harsh, oppressive or unfair dismissal or a claim for a denied contractual benefit if an industrial instrument does not apply to the employment and the contract of employment provides for a salary which exceeds the prescribed amount

The Honourable Acting President Mark Ritter presented a paper at the Australian Institute of Judicial Administration's Law and Technology Conference (Sydney, June 2008) on the topic of 'Video Recording of Proceedings - Issues for Consideration'

The Full Bench has today handed down its reasons for decision in the appeal FBA 6 of 2008 - The State School Teachers' Union of W.A. (Incorporated) v Director-General, Department of Education and Training..

Commissioner Jennifer Harrison today issued an order that the State School Teachers Union of W.A. (Inc) (“SSTU”) and its members lift bans on reporting to parents at the end of Semester 1, 2008 and the Commission also ordered that the SSTU lift its resolution that its members participate in rolling half day stoppages.

The Commission in Court Session handed down its decision in the 2008 State Wage Case on Monday, 9 June 2008.

After the Department of Education and Training applied to end the bargaining period to negotiate a new agreement with the State School Teachers Union of Western Australian Incorporated (“SSTU”) and after considering submissions made by the parties Commissioner Jennifer Harrison today issued a declaration that bargaining between the Department and the SSTU has ended.

The Commission has issued a General Order on the 27th May 2008, updating 41 awards to ensure that they all satisfy the Minimum Conditions of Employment Act, 1993.

The Commission in Court Session today heard all parties’ submissions in the 2008 State Wage Case.

Early this evening the Commission issued an Order requiring the SSTU to lift its Directive and to cease foreshadowed industrial action in the form of its members not implementing the National Assessment Program Literacy and Numeracy tests scheduled for next week.

Chief Commissioner Beech will be presenting a Seminar at the WAIRC about the frequent changes to industrial relations legislation.

The WAIRC will be conducting tours of the Commission and Registry for members of the public who are interested in understanding the role and function of the WAIRC within the industrial relations environment of Western Australia.

Full bench hands down decision in teacher's dispute.

The Commission has found that the Multicultural Radio and Television Association of Western Australia which operates World Radio 6EBA-FM 95.3 MHZ is a constitutional corporation and therefore not covered by the WA Industrial Relations Act.

Officers working for the Department of Corrective Services now have in place a new agreed Workplace Management Strategy document following a number of conciliation conferences and intensive mediation proceedings in the Commission on 14, 15 and 16 April 2008 before the Public Service Arbitrator, Commissioner Jennifer Harrison (“the Arbitrator”).

Due to communications maintenance the website will be down on the 15th of April between 5.30pm and 7.30pm. We apologise for any inconvenience.

The federal Minister for Employment and Workplace Relations, Julia Gillard today announced that Commissioner Stephanie Mayman has been appointed as part of a review that will consider the harmonisation of occupational health and safety (OHS) laws in the States, Territories and Commonwealth.

At the conclusion of a conciliation conference held on 25 February 2008 involving the Department of Education and Training and the State School Teacher’s Union ("the SSTU") the Commission issued an order that the proposed stop work meeting the SSTU had called on its members to attend on Thursday 28 February 2008 not take place.

On 24 January 2008, the Public Service Appeal Board issued a decision in which it found that it was not necessary for the disciplinary investigation or inquiry into alleged breaches of discipline by Public Service Officers

The Commission issued an order today that Health Service Assistants, members of the Liquor, Hospitality and Miscellaneous Union employed at Sir Charles Gairdner Hospital lift their work ban on participating in Code Black incidents.

The Hon Acting President is pleased to advise that he has engaged a new Associate, consequent upon former Associate Heather McGeorge leaving for a position in a prominent law firm.

The Commission has issued a decision dealing with whether a senior officer employed by the Department of Health who was stood down pending the hearing of charges instituted by the Corruption and Crime Commission is entitled to be paid while stood down.

Due to building maintenance the WAIRC Web site will be unavailable on Sunday 2nd December 2007 from 8:30am to 1:00pm.

The Full Bench has issued a decision approving the Western Australian Police Union of Workers to enter into a “Memorandum of Agreement” with its counterpart Federal body

Due to ISP problems you may experience or have experienced problems accessing the WAIRC website from 10.30am on the 26th October 2007.

Due to building maintenance the WAIRC website will be unavailable on Sunday 28th October 2007 from 6.30am to 11.00am.

The Commission is pleased to advise that the Hon Mark Ritter has been re-appointed as Acting President of the Commission for a further 12 months commencing on 17 October 2007.

The Commission is pleased to advise that in concert with Women in Social & Economic Research and the John Curtin Institute of Public Policy, we are jointly hosting a seminar for distinguished mediators from London UK, Dublin Ireland and Seattle USA.

The Commission issued reasons for decision on 24 August 2007 and supplementary reasons for decision on 6 September 2007 in which findings were made about the effect of statutory contracts of employment under s4H of the Workplace Agreements Act 1993 and the scope of the power of the Public Service Arbitrator to make orders in respect of entitlements under a statutory contract of employment.

An application to correct or amend an order granting leave to discontinue was granted after the Commission found that the reasons given in the minutes of the proposed order and the order did not reflect the facts known to the Commission at the time the minutes issued or when the order was made. The power to enforce a compromise agreement that a party had refused to honor considered.

Western Australian TAFE lecturers returned to work following an urgent conference

The Commission recently dismissed a claim of unfair dismissal concerning a Doctor’s surgery and a Practice Manager who reported the surgery to an external body without first consulting the Doctor. The Commission found that the obligation of fidelity to the employer had been breached.

M 20 of 2007 - The Court has dealt with the Minimum Conditions of Employment Act 1993, in particular compliance with s 41 by employers –

Senior Commissioner Smith in Jacqueline Ann Bysterveld v Shire of Cue [2007] WAIRC 00941 held that the Shire of Cue was not a constitutional corporation when the Applicant was employed by the Shire.

In a recent and very detailed decision, the President has completed an extensive review of his powers pursuant to s66 of the Industrial Relations Act.

Following the recent decision of the Commission to increase adult award wages by $24 per week, all award wage clauses have been updated and are now available. The new rates come into effect on and from the beginning of the first pay period on or after Sunday 1 July 2007.

Commissioner J L Harrison has today registered an agreement that incorporates allowances that resulted from a decision that issued on 22 May 2007

The Commission today delivered its decision that increased the minimum wage by $24 a week to $528.40 from 1 July 2007.

The information regarding applying for a stay of a Commission order pending the hearing of an appeal against it has been updated by the Commission

The Commission in Court Session has today issued an order varying and consolidating this Award. Parties were afforded the opportunity to be heard on the proposed variations.

This application was created on 30 May 2005 on the Commission’s Own Motion pursuant to section 40B of the Industrial Relations Act, 1979 to vary the Metal Trades (General) Award 1966.

Senior Commissioner Smith has today delivered a decision that the WAIRC has jurisdiction to deal with a claim of denied contractual benefits where the employer is a constitutional corporation and the claim is made pursuant to a contract of employment entered into on 29 July 2003.

The Full Bench has today issued its decision in an appeal against the decision of the Commission that the Aboriginal Legal Service of WA is not a constitutional corporation.

The Commission in Court Session has issued its Reasons for Decision and General Order for the claim by the Hon Minister for Employment Protection for a General Order under section 50(2) of the Industrial Relations Act, 1979 for employment conditions for school-based apprenticeships and part-time apprenticeships.

The Full Bench has issued a decision dismissing an appeal lodged against an order of the Commission which had been quashed by an order of the Supreme Court.

The Commission in Court Session today heard the claim by the Hon Minister for Employment Protection for a General Order under section 50(2) of the Industrial Relations Act, 1979 ..

This application was created on 30 May 2005 on the Commission’s Own Motion pursuant to section 40B of the Industrial Relations Act, 1979 to vary the Metal Trades (General) Award 1966.

The Commission is continuing to review its Awards to ensure they reflect the current environment and are understood by and useful to those who use them.

Senior Commissioner Smith in Gwenda May Smith v Albany Esplanade Pty Ltd t/as The Esplanade Hotel [2007] WAIRC 00192 makes observations about whether the WAIRC has jurisdiction to hear and determine claims for denied contractual entitlements which arise pre and post the coming into operation of Work Choices.

The Commission is obliged to hold the State Wage Case under section 50A of the Industrial Relations Act, 1979. This year's State Wage Case has now been listed for the week commencing Monday, 21 May 2007.

In the matter of FBA 1/2007, the Full Bench today heard submissions from the parties, and from the Minister for Employment Protection who intervened, as to whether or not the appellant, the Aboriginal Legal Service of Western Australia, Incorporated, is or is not a “constitutional corporation” in relation to the federal “Work Choices” legislation. The Full Bench has reserved its decision.

A page displaying the catchwords of Full Bench decisions over the past 15 months is now available as a useful research tool for parties and their representatives, in relation to matters before the Commission.

The Commission has listed for hearing a claim by the Hon Minister for Employment Protection for a General Order under section 50(2) of the Industrial Relations Act, 1979 to enable school-based apprenticeships and part-time apprenticeships to occur.

A hearing in the WA Industrial Relations Commission today has recorded the resolution of the long-running and at times bitter police pay claim.

A hearing in the WA Industrial Relations Commission today has recorded the resolution of the long-running and at times bitter police pay claim.

The Minister for Employment Protection The Hon John Bowler JP MLA, has announced the appointment of Commissioner Jennifer Smith as Senior Commissioner with effect on and from 24 November 2006. The Hon Minister's announcement is set out in the following statement.

Special sitting of the Full Bench to farewell as a member of the Commission, Senior Commissioner J.F. Gregor

The Associate to the Acting President, Ms Solene Yiklong has left this position to complete her articles of clerkship with the Australian Government Solicitor

Documents relating to the General Order Wage Case (Further reasons for decision and order)

Documents relating to the General Order Wage Case (statement and reasons for decision)

People interested in whether State award wages will increase can watch the WA Industrial Commission’s decision on the State Wage Case live on the internet on Monday (26 June).

In a first for WA the hearing into whether the Minimum Wage in WA's awards should be increased is to be streamed live over the internet by the WA Industrial Relations Commission. In the past the hearing has followed a National Wage Case. Due to the federal Work Choices laws, there is no National Wage Case and the WA IRC is hearing the case separately.

Decision relating to the right of entry cancellation of Joseph McDonald

On Monday 27 March 2006 the Commonwealth Workplace Relations Amendment (Work Choices) Act 2005 commenced operation and has altered who is covered by Awards of the Western Australian Industrial Relations Commission.

A general notice relating to the rates and allowances of all awards.

Documents relating to the General Order Wage Case (decision, direction and statement)

The following is a progress report on the application made to the WA Industrial Relations Commission by the TLC to vary wage rates in awards in WA by a General Order.