Commissioner S J Kenner recently dismissed an application in which it was alleged that the applicant’s employer caused disadvantage to the applicant in contravention of s35A of the Occupational Safety and Health Act (Walker v P & O Automotive and General Stevedoring [2009] WAIRC 00250). The issue was whether the respondent had caused disadvantage to the applicant for the dominant or substantial reason that he is or was a safety and health representative and was performing any functions as such and whether the election of an employee as a safety and health representative transmits from one employer to another.

The Commission interpreted the relevant provisions of the OSH Act and found that the applicant’s election as a safety and health representative did not survive the transmission of the business to the respondent. Therefore the applicant could not establish the disadvantage alleged.

The Reasons for Decision can be viewed here.