Western Australian Industrial Relations Commission

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The Commission today determined that a not for profit organisation is not a trading corporation.  The organisation provides employment assistance for persons with a disability seeking employment referred to them by government.  Click here to read the decision.

A ceremonial sitting of all of the members of the WA Industrial Relations Commission was held on Thursday 24 March 2016 at 10.30 am to formally welcome two new commissioners. Commissioner Toni Emmanuel previously was the principal solicitor of the independent not-for-profit Employment Law Centre of Western Australia where she has worked for the past nine years. Commissioner Damian Matthews has been a barrister and solicitor at the State Solicitor’s Office for 23 years.

Transcript of the proceedings is available here.

The Acting President delivered a paper at Law Summer School on 26 February 2016 in relation to whether enterprise agreements be interpreted by the application of the rules that apply to common law contracts of employment or statutory instruments. Click here to read the paper.


The Full Bench determined the principles to apply when considering an application for an interim reinstatement order pursuant to s 44(6)(bb)(ii).

The Full Bench rejected the submission that the principles that apply to the granting of an application for an interlocutory injunction should be applied when determining an application for an interim order in a case of a claim of harsh, oppressive or unfair dismissal of an employee.  The Full Bench also rejected a submission that s 44(6)(bb)(ii) creates a rebuttable presumption in favour of making an order unless a finding is made in the circumstances that it is inappropriate to grant the relief claimed.

The decision can be read here.


The Acting President delivered a paper on 20 October 2015 in relation to the rules of evidence in proceedings before industrial tribunals.  Click here to read the paper.


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Western Australian Industrial Relations Commission
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111 St Georges Terrace

Phone : (08) 9420 4444
Facsimile : (08) 9420 4500
Free Call : 1800 624 263

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Email : mail reg


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