Western Australian Industrial Relations Commission

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Does the Full Bench have power to extend time to institute an appeal under s 49(2) of the Industrial Relations Act 1979 (WA)?

United Voice WA sought to institute an appeal three days out of time. The respondent employer, The Director General, Department of Education, argued the Full Bench has no power to extend time within which to institute an appeal. A majority of the Full Bench rejected the argument and found the time limit in s 49(3) of the Industrial Relations Act is procedural and the power to extend time is prescribed in s 27(1)(n) of the Industrial Relations Act.

In respect of the merits of the appeal, the Full Bench unanimously found that part of the relief sought at first instance was not within power as the union sought binding declarations of rights and obligations in respect of past events. However, as the union also sought an order within power, the appeal was allowed and the decision at first instance was suspended and the case remitted for further hearing and determination.

The decision can be read here.

The Full Bench authorises the Registrar to register the Principals’ Federation of Western Australia

A majority of members of the Full Bench (Scott ASC and Kenner C) has found that there is good reason consistent with the objects of the Industrial Relations Act 1979 to permit registration of the Principals’ Federation of Western Australia as an organisation of employees.

Once registered, principals and deputy principals employed in the public sector will be eligible to join the Principals’ Federation of Western Australia.

The decision can be read here.

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

Phone : (08) 9420 4444
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