Western Australian Industrial Relations Commission

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2019 WA Minimum Wage and Equal Remuneration Principle

The Commission will reconvene on Tuesday, 4 June 2019 at 3:30 PM after the Annual Wage Review decision of the Fair Work Commission is handed down on Thursday, 30 May 2019. The proceedings are open to the public and will be webcast. 

For further information, please click here.

The Commission has ordered that an application not be formally filed by the Registrar after the applicant’s agent, Unfair Dismissals Direct, did not pay the filing fee in time and provided no adequate explanation for this.

Chief Commissioner Scott recorded her concern that although industrial agents may receive the benefit of registration under the Industrial Relations Act 1979 (WA), there is no scheme in place for the supervision of these agents once they are registered or to deal with any whose registration ought to be subject to scrutiny and possibly cancelled.

Scott CC determined that the lack of communication and poor systems within Unfair Dismissals Direct had caused them to fail in their duty to their client. Scott CC found that the applicant was bound by the conduct of their agent and held that the application should not be accepted for filing because the explanation provided for the failure to pay the filing fee did not withstand scrutiny.

The decision can be read here.

The Commission has upheld an unfair dismissal claim and awarded compensation to an applicant who alleged that her employment ended after she did not agree to take on greater responsibility and that the applicant's employer could find other people who were willing to do the job that the applicant was willing to do for less money.

Commissioner Matthews determined that the applicant's dismissal was lawful. However, the applicant's employer had not fairly exercised their right to dismiss the applicant in light of the fact that she was a very good employee over a long period of time and had brought credit to the business.

The Commission held that reinstatement was an impractical remedy and awarded the applicant a pecuniary sum as compensation. The compensation awarded to the applicant took into account the period of time that she was out of work, that the applicant had been paid two weeks of notice, her average hours worked per week and the emotional impact of the unfair dismissal.

The decision can be read here.

The Commission has dismissed an application made by an unrepresented Poisons Information Specialist who referred his employer's decision to take disciplinary action against him to the Commission under the Public Sector Management Act 1994 (WA).

The parties agreed, and the Commission accepted, that the applicant was a government officer. Commissioner Emmanuel dismissed the application because industrial matters relating to government officers fell outside of the Commission's jurisdiction and within the exclusive jurisdiction of the Public Service Arbitrator.

The decision can be read here.

 

The Commission has dismissed an applicant's denied contractual benefits claim for the alleged underpayment of a salary. In April 2011, the applicant was engaged by the respondent as a subcontractor to carry out refrigeration work. On 30 June 2011 the parties signed a training contract for the applicant to complete an electrical apprenticeship. The Commission heard this application after it was delayed for a long period to enable bankruptcy proceedings to run their course.

Senior Commissioner Kenner found that the claim for denied contractual benefits under the training contract fell outside of the Commission's jurisdiction. It was held that the applicant was party to a contract of training and not a separate contract of service, which is required for the Commission to hear claims of this kind.

In relation to the refrigeration work performed by the applicant as a subcontractor, the Senior Commissioner similarly found that the applicant was not engaged under a separate contract of service and dismissed this aspect of the claim also. The Senior Commissioner further stated that if he was incorrect in finding that a separate contract of service did not exist, the applicant had not demonstrated that he had performed the work that entitled him to be paid a salary.

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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