Western Australian Industrial Relations Commission

Public Service Arbitrator may only hear and determine matters under sections 80E and 80F

The Commission has dismissed a reclassification application by an applicant who was employed as a full time Level 4 graphic designer in January 2016 by the Department of Corrective Services. The applicant was recommended for a Level 5 reclassification by the Department’s Classification Review Committee on 9 March 2017, however this reclassification was deferred following incorrect information being given to the Committee that the applicant had not been continuously employed by the Department for more than 12 months as required. After the March 2017 State election, the Committee reconvened but the applicant’s reclassification was denied.

The Public Service Arbitrator found that the matter was not one that the Arbitrator had jurisdiction to deal with as it did not relate to a matter described in section 80E(2)(a) of the Industrial Relations Act.

The Commission dismissed the application after finding that the applicant did not have standing to bring it.

The decision can be read here.

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