Western Australian Industrial Relations Commission

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The relevant awards have now been updated to reflect the increases and provisions arising out of the 2019 State Wage General Order and the 2019 Location Allowance General Order

 Click here to see the updated awards.

 PLEASE NOTE that each award shall have effect on and from the commencement of the first pay period on or after 1 JULY 2019.

 For awards with effect prior to that date, please refer to our Awards page.

The Commission has made an order for the reinstatement of a Senior Prison Officer whose employment was terminated by the respondent following allegations and findings of breaches of discipline resulting from the use of unreasonable force against two prisoners, where the applicant had used Oleoresin Capsicum spray (OC spray).

In relation to the first breach of discipline from an incident that occurred on 20 May 2017, Senior Commissioner Kenner found that the first of the two deployments of OC spray did not constitute excessive force. However, the Senior Commissioner found that the second application of OC spray was not needed.

The Senior Commissioner determined that in relation to the second breach of discipline from an incident which occurred on 4 May 2017, the deployment of the OC spray was justifiable and did not constitute unreasonable force. The Senior Commissioner further noted that the relevance of the allegation by the respondent, that the applicant was not permitted to use OC spray due to a gap in his refresher training, was somewhat ambiguous in the absence of evidence from the Director-General or other senior executive involved in the decision to dismiss the applicant.

The Commission determined that the applicant’s conduct in respect of only one incident could not form the basis of the respondent’s decision to dismiss the applicant fairly. The Senior Commissioner ordered that the applicant be reinstated without loss.

The decision can be read here.

The Commission in Court Session has delivered its decision in the 2019 State Wage Case and Equal Remuneration Principle Case. The Commission increased the State Minimum Wage and award rates of pay in the State industrial relations system by 2.75%. The Equal Remuneration Principle will be included in the Statement of Principles.

These changes take effect from 1 July 2019.

The Commission’s statement in relation to its decision can be read here.

A full copy of the Commission’s decision can be read here.

In a claim before the Industrial Magistrate’s Court, the claimant made claims against two respondents. The first respondent is the company that had employed the claimant and the second respondent is a company director of the first respondent.

The Industrial Magistrate has upheld in part the claims made by a finance and insurance employee who said that the first respondent contravened the national employment standards under the Fair Work Act 2009 (FW Act) and the Banking, Finance and Insurance Award 2010 (Banking Modern Award) while he was employed by them.

The respondents submitted that there was ‘no case to answer’. This was based on there being no evidence of the industries to which the Banking Modern Award applied and no evidence of the first respondent’s business within any relevant industry. This submission was dismissed by Industrial Magistrate Scaddan after it was determined that the claimant and the first respondent were covered by the Banking Modern Award.

The claimant’s appropriate level of classification was found by Scaddan IM as being a Level 2 employee from 15 March to 26 May 2017 and a Level 3 employee from 27 May to 31 October 2017.

Scaddan IM compared the entitlements paid to the claimant with his entitlements under the Banking Modern Award and calculated that he had been underpaid.

The first respondent was found to have contravened the FW Act through non-compliance with the national employment standards, the Banking Modern Award and the Fair Work Regulations 2009.

However, the claimant did not prove to the standard required that the second respondent was involved in the first respondent’s contraventions of the FW Act.

Scaddan IM ordered an amount to be paid to the claimant after being satisfied that the first respondent was required to pay this amount under the FW Act or Banking Modern Award and that they had contravened a civil penalty provision by failing to do so.

The decision can be read here.

 

The Commission will convene a hearing to deliver its 2019 State Wage decision in Hearing Room 2 at 9.30 am on Friday, 14 June 2019

A live stream of the hearing will be available here

More information about the 2019 State Wage Case can be found 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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