Western Australian Industrial Relations Commission

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The Honourable Acting President held (and the Chief Commissioner agreed) that employees’ service with related corporate entities is not continuous service with ‘one and the same employer’ for the purpose of calculating long service leave under the Long Service Leave Act 1958.  Until 2006, long service leave was governed by a General Order of the Commission or the Long Service Leave Act.  The General Order included service with related corporate entities to calculate long service leave.  In 2006, the Long Service Leave Act was amended.  The 2006 amendments abolished the General Order, and left a gap in relation to the issue of continuous service with related corporate entities. 

Her Honour found that the gap in the 2006 amendments could not be filled through statutory construction because the express purpose of the 2006 amendments included making substantive changes to long service leave, so there was no way to be sure of the words Parliament would have used to fill the gap.  

The decision can be read here.

A teacher of eight years’ experience was dismissed after the Department of Education found her performance was substandard.  The teacher challenged the dismissal. 

The teacher said that not only was her performance of an appropriate standard, but that the Department’s process denied her procedural fairness.  She made allegations of bias against her school principal and alleged that those who were to support and assess her had conflicts of interest. 

The Commission found that these allegations were baseless, that her principal was fair and professional.  Chief Commissioner Scott also found that, assessed against the standards applicable to all teachers, the applicant’s performance was indeed substandard in spite of guidance, support and mentoring over nearly three years. 

The decision can be read here

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 Application No. PSAA 1 of 2016

 APPLICATION FOR A NEW AWARD TITLED

“WA Health Dental Technicians (Dental Health Services) Award 2016”

 NOTICE is given that an application has been made to the Public Service Arbitrator, on 11 October 2016, by The Civil Service Association of Western Australia Incorporated under the Industrial Relations Act 1979 for the above named Award.

 As far as relevant, those parts of the proposed Award which relate to area of operation and scope are published hereunder. 

  1. - SCOPE

 This Award shall apply to Dental Technicians who are members of or eligible to be members of the Civil Service Association of Western Australia Incorporated, employed by the Employer in the classifications prescribed in "Schedule B - Wages" within Dental Health Services (an administrative entity of the Employer as at the date of registration). 

 

  1. - TERM OF AWARD

 This Award has effect on and from the date of registration until such time as it is cancelled or replaced. 

 

SCHEDULE B - WAGES

 Apprentice Dental Technician Years 1-4

Adult Apprentice Dental Technician (21 years and over)Years 1-4

Dental Technician Years 1-4

Dental Technician Advanced Level I Years 1-4

Dental Technician Advanced Level 2 Years 1-4

 

A copy of the proposed Award may be inspected at my office at 111 St. Georges Terrace, Perth.

 

 

S. BASTIAN

REGISTRAR

 12 October 2016

An apprentice filed an appeal against the Apprenticeship Office’s decision to terminate his training contract, but got another training contract with a different employer before his appeal was heard.  The Apprenticeship Office made an interlocutory application to have the apprentice’s appeal dismissed, saying it is not in the public interest to hear the appeal.  It argued that because, among other things, if the appeal is successful, the apprentice will be bound by more than one full‑time training contract.  The Apprenticeship Office said that situation is absurd because the apprentice could not possibly fulfil his obligations under both contracts.  

Commissioner Emmanuel dismissed the Apprenticeship Office’s interlocutory application.  She found that the apprentice’s right to have his appeal heard should not be overridden simply because he got another training contract.  If the apprentice’s appeal is successful, the apprentice could choose between the two training contracts.  The Commissioner noted that it is not in the public interest to discourage an apprentice from seeking another apprenticeship while their appeal is heard. 

The apprentice’s appeal will now be listed for hearing. 

The decision can be read here.

Commissioner Emmanuel, sitting as a Public Service Arbitrator, dismissed an application by the HSU to have some of its members excused from the Health Department’s general requirement to wear uniforms.  The Arbitrator found that the orders sought by the HSU would result in a variation to the WA Health – HSUWA – PACTS Industrial Agreement 2014 because the proposed order would exempt employees from the general requirement to wear uniforms, and would give them the right to individually decide when they wear a uniform.  That is contrary to the agreement, which gives the employer discretion in relation to uniforms. 

The Arbitrator held that she did not have jurisdiction to make final orders to vary the agreement because the Arbitrator’s power under s 44(6a), to vary the operation of industrial agreements, can only be exercised during conciliation.  Outside of conciliation, the Arbitrator can only vary agreements in limited circumstances such as by agreement between the parties, or to vary a provision that allows an employer to stand-down an employee. 

The decision can be read here.

Contact Us

Western Australian Industrial Relations Commission
17th Floor
111 St Georges Terrace
PERTH WA 6000

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

Free Fax :1800 804 987

Email : Registry

 

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