Western Australian Industrial Relations Commission

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The Industrial Magistrate has handed down decisions in 2 cases regarding the payment of a Tradesperson Allowance. In each case the claimants argued that they had an entitlement to a Tradesperson Allowance under the Enterprise Agreement and that they were entitled to a Tradesperson Allowance due to their contracts.

Flynn IM found that consistency of interpretation, particularly within a single clause, is preferable and determined that both claimants were not eligible for the Tradesperson Allowance under the Enterprise Agreement.

In the first case (Stagnitta), the claimant signed letters of offer before the respondent noticed that a clause in the initial letter incorrectly entitled the claimant to the Tradesperson Allowance. Flynn IM found that rectification of the employment contract was appropriate; the company provided clear and convincing evidence that it had, on multiple occasions, informed the claimant that he was to be employed without the Tradesperson Allowance being paid. The first claimant was unsuccessful in his claim.

In the second case (Wright), the claimant had signed an Employment Contract that included an entitlement to a Tradesperson Allowance. The company initially paid the allowance and then stopped payment after sending a letter to the claimant advising that the allowance would no longer be paid. Flynn IM found that the company was bound by the Employment Contract and the failure to make the payment was a contravention of section 323 of the FW Act.

The Stagnitta decision can be read here and the Wright decision can be read here.

A ceremonial sitting of The Western Australian Industrial Relations Commission was held on Friday, 30 November 2018 at 9.00 am to formally welcome a new Commissioner.

Commissioner Toni Walkington previously was the General Secretary of the Civil Service Association of Western Australia.  She has had many years' and in-depth experience of industrial relations matters in Western Australia.

Transcript of the proceedings is available here.

A video of the sitting is available here.  

The Commission has received an application from the Civil Service Association of Western Australia Incorporated to vary the area and scope of the Public Service Award 1992 (the Award) by amending the respondents to the Award. 

The changes proposed are set out in the application, which may be viewed here

A Notice was also published in The West Australian newspaper on Monday, 19 November 2018.  Any objections to the proposed amendments must be received within seven days of the date of the Notice being published in the newspaper. 

This Notice was published in accordance with an Order of the Commission, which may be viewed here

The Commission has received an application from the Civil Service Association of Western Australia Incorporated to vary the area and scope of the Government Officers Salaries, Allowances and Conditions Award 1989 (the Award) by amending the respondents to the Award. 

The changes proposed are set out in the application, which may be viewed here

A Notice was also published in The West Australian newspaper on Monday, 19 November 2018.  Any objections to the proposed amendments must be received within seven days of the date of the Notice being published in the newspaper. 

This Notice was published in accordance with an Order of the Commission, which may be viewed here

NOTICE is given of applications by the Registrar of the Western Australian Industrial Relations
Commission to the Full Bench of the Western Australian Industrial Relations Commission to cancel
the registration of Real Estate Salespersons Association of Western Australia (Inc.) (FBM 6/2018),
Metal Industries Association (Industrial Union of Employers) of W.A. (FBM 7/2018), The Footwear
Repairers’ Association of W.A. (Union of Employers) (FBM 9/2018), Mining Unions Association of
Employees of Western Australia (Iron Ore Industry) (FBM 10/2018) and The Western Australian Gold
and Nickel Mines Supervisors Association Industrial Union of Workers (FBM 11/2018) on the grounds
the organisations are defunct.
More detail.

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 : mail reg

 

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