Western Australian Industrial Relations Commission

Latest News

Cavalier approach leads to dismissal of unfair dismissal application

The Commission upheld an employer's application to dismiss an unfair dismissal claim.

The claim had been listed for a two-day hearing and the former employee failed to appear on the first day of substantive proceedings. The parties were informed that the second day of the hearing would proceed on the basis that the employee was to show cause why his claim should not be dismissed.

The employee appeared at the show cause hearing by telephone and informed the Commission that he was located in Singapore and had not made preparations to proceed with the hearing on either day.  The employee also said that if the matter were not dismissed, he would apply for an adjournment to allow him to amend his application and prepare for hearing.

The Commission upheld the respondent’s application for summary dismissal of the claim, citing the employee’s cavalier attitude towards both the employer and the Commission.

The employer applied for costs, but the Commission held that the expenses contended to have been incurred by the employer’s witnesses were not expenses as contemplated by section 27(1)(c) of the Industrial Relations Act 1979 and dismissed the application.

The decision can be read here

Various defunct industrial agreements cancelled

Following an investigation by the Registrar, the Commission has concluded that the following industrial agreements were defunct and has cancelled them pursuant to s 47 of the Industrial Relations Act 1979

  1. Allect Services (Bentley WA) Enterprise Agreement 2005 – No. AG 13 of 2006
  2. ANI Wear Resistant Products Division Enterprise Bargaining Consent Agreement 1998 – No. AG 236 of 1998
  3. BP Refinery - Kwinana VDU2 Stage 1 Upgrade - Project Agreement 1998 – No. AG 117 of 1998
  4. Cape Modern Workshop Employees' Agreement – No. AG 257 of 2003
  5. The City of Canning and Engineering Workshop Employees Enterprise Bargaining Agreement 1996 – No. AG 312 of 1996
  6. Cleanaway Technical Services Forrestdale Enterprise Bargaining Agreement 1997 – No. AG 134 of 1997
  7. The Cleanaway Technical Services Brookdale Enterprise Bargaining Agreement 2000 – No. AG 185 of 2000
  8. Cockburn Hire Engineering Enterprise Agreement – No. AG 96 of 1996
  9. Crane Aluminium Systems Balcatta Enterprise Bargaining Agreement 2000 – No. AG 3 of 2001
  10. Cryeng Pty Limited Industrial Agreement 2003 – No. AG 280 of 2003
  11. Electrolux Home Products - Spare Parts and Service Belmont W.A. Enterprise Agreement 2001 – 2004 – No. AG 202 of 2002
  12. Electrolux Home Products - Spare Parts and Service Belmont W.A. Enterprise Agreement 2003-2006 – No. AG 236 of 2003
  13. Eltin Surface Mining Pty Ltd Boddington Gold Mine Maintenance Agreement 1996 – No. AG 206 of 1996
  14. Email Limited Major Appliance Group - Osborne Park Service Technicians Enterprise Agreement 1997 – No. AG 258 of 1997
  15. Enterprise Bargaining Agreement Crane Aluminium Systems Employees of the company – No. AG 99 of 2002
  16. Fluor Daniel Diversified Plant Services Argyle Diamond Mine Enterprise Agreement 1999 – No. AG 64 of 1999
  17. Fluor Daniel Power & Maintenance Services Maintenance Services Power Plant Maintenance Enterprise Agreement 1998 – No. AG 101 of 1998
  18. Fluor Global Services Power Plant Maintenance Enterprise Agreement 2000-2003 – No. AG 204 of 2000
  19. Forward Engineers Agriculture Workshop Enterprise Agreement 1999 – No. AG 116 of 1999
  20. Fremantle Foundry & Engineering Co Pty Ltd Enterprise Bargaining Agreement 1999 – No. AG 163 of 1999
  21. Harnischfeger of Australia Pty Ltd Western Region Workshop, Repair, Manufacture and Field, Assembly, Repair and Maintenance Agreement 2003 – No. AG 38 of 2004
  22. Inghams (Osborne Park) Shift Work Enterprise Agreement 2003 – No. AG 113 of 2003
  23. Inghams Poultry Processing (Osborne Park) Enterprise Agreement 2003 – No. AG 101 of 2004
  24. Inghams Poultry Processing (Osborne Park) Enterprise Agreement 2004 – No. AG 169 of 2004
  25. IPC Industrial Maintenance Pty Ltd Kwinana Shutdown Agreement – No. AG 54 of 2005
  26. James Hardie Building Services Ltd. trading as Quell Fire & Safety Products, Perth, Portable Service Certified Agreement 1996 – No. AG 260 of 1996
  27. JFK Engineering Pty Ltd Enterprise Agreement 1996 – 1997 – No. AG 198 of 1996
  28. JFK Engineering Pty Ltd Enterprise Agreement 1998 – 1999 – No. AG 164 of 1998
  29. Kewdale Engineering & Construction Enterprise Bargaining Agreement No 4 – 1998 – No. AG 174 of 1998
  30. Printing (Institute of Technology - Apprentices) Industrial Agreement – No. AG 1 of 1969

Public notice was given of the Commission's intention to cancel these industrial agreements in The West Australian on 15 November 2017 and on the Commission's website on 18 October 2017. 

A copy of the Order can be viewed here

Use of a “heavy vehicle” must be expressly stated to invoke Tribunal’s jurisdiction

The Road Freight Transport Industry Tribunal has dismissed an applicant’s claim for wrongful termination of contract and unconscionable conduct, on the basis that the agreement between the parties did not constitute an “owner-driver contract” as there was no requirement under the agreement and no business requirement for the applicant to use a heavy vehicle.

The Tribunal found that unless the terms of the contract provide for the use of a heavy vehicle as defined in s 3 of the Owner-Drivers (Contracts and Disputes) Act 2007 (WA), then the resulting contract is not one amenable to the Tribunal’s jurisdiction.

The Tribunal held that while the respondent would have been aware the applicant was considering obtaining a larger vehicle to perform the services, that is not the same as constituting an agreement that the applicant use a heavy vehicle for the purposes of the OD Act.

The application was dismissed for want of jurisdiction.

The decision can be read here

Casual security officer was a government officer

The Commission dismissed an unfair dismissal claim filed by a casual security officer who was employed at a public hospital.

The respondent objected to the Commission hearing the security officer’s claim. It said that he was a government officer because he was ‘employed on the salaried staff’. Government officers come within the exclusive jurisdiction of the Public Service Arbitrator.

The security officer said that he did not receive a salary, he was not a government officer and the Commission should hear his claim.

Commissioner Emmanuel found that the security officer was employed on the respondent’s salaried staff because of the type of work he performed and the way in which he was paid. Commissioner Emmanuel was satisfied that much of the work performed by the security officer was ‘professional and administrative in nature, rather than manual, mechanical or menial’. Additionally, she found that the security officer received a salary because he was paid at regular intervals by the respondent for the services he rendered under his contract of employment, computed by time.

Commissioner Emmanuel concluded that the security officer received a salary and was not a wages employee. He was employed on the salaried staff of a public authority and was therefore a government officer. As a result, the Commission in its general jurisdiction was not able to hear his claim and the respondent’s objection was upheld.

The decision can be read here

Various defunct industrial agreements cancelled

Following an investigation by the Registrar, the Commission has concluded that the following industrial agreements were defunct and has cancelled them pursuant to s 47 of the Industrial Relations Act 1979

  1. Amaroo Cottages for Senior Citizens (Inc), Hospital Salaried Officers Association (Union of Workers) Enterprise Agreement 2003, AG 294 of 2003
  2. Association for the Blind of Western Australia Salaried Officers' Enterprise Agreement 2003, AG 268 of 2003
  3. Bethesda Hospital (HSU) Administrative Staff Enterprise Agreement 2005, AG 279 of 2005
  4. Churches of Christ Homes and Community Services Incorporated (HSU) Enterprise Agreement 2004, AG 196 of 2004
  5. Hospital Salaried Officers Boddington District Hospital Board Enterprise Agreement 1999, No. PSAAG 57 of 2000
  6. Hospital Salaried Officers Brookton Health Service Enterprise Agreement 1999, PSAAG 56 of 2000
  7. Hospital Salaried Officers Coolgardie Health Centre Enterprise Bargaining Agreement 1996, PSAAG 26 of 1996
  8. Hospital Salaried Officers Gnowangerup District Hospital Enterprise Bargaining Agreement 1999, PSAAG 33 of 2000
  9. Hospital Salaried Officers Hawthorn Hospital Enterprise Bargaining Agreement 1996, PSAAG 45 of 1996
  10. Hospital Salaried Officers HealthCare Linen Enterprise Bargaining Agreement 1996, PSAAG 47 of 1996
  11. Hospital Salaried Officers Menzies Nursing Post Enterprise Bargaining Agreement 1996, PSAAG 65 of 1996
  12. Hospital Salaried Officers Mt Henry Hospital Enterprise Bargaining Agreement 1997, PSAAG 3 of 1997
  13. Hospital Salaried Officers Perth Dental Hospital Enterprise Bargaining Agreement 1996, PSAAG 86 of 1996
  14. Hospital Salaried Officers Royal Perth Hospital Enterprise Bargaining Agreement 1996, PSAAG 94 of 1996
  15. Hospital Salaried Officers Telfer Nursing Post Enterprise Bargaining Agreement 1996, PSAAG 100 of 1996
  16. Hospital Salaried Officers Wanneroo Hospital Enterprise Bargaining Agreement 1996, PSAAG 103 of 1996
  17. Hospital Salaried Officers Warburton Range Hospital Enterprise Bargaining Agreement 1996, PSAAG 104 of 1996
  18. Hospital Salaried Officers West Kambalda Nursing Post Enterprise Bargaining Agreement 1996, PSAAG 106 of 1996
  19. Hospital Salaried Officers Wooroloo District Hospital Enterprise Bargaining Agreement 1996, PSAAG 111 of 1996
  20. HSU Peel Health Campus Administrative, Clerical and Allied Health Staff Agreement 2004, AG 6 of 2005
  21. Imaging The South Enterprise Agreement 2005, AG 181 of 2005
  22. Independent Living Centre of WA Incorporated Salaried Officers' Industrial Agreement 2005, AG 264 of 2005
  23. Mercy Hospital Mount Lawley Health Services Union Enterprise Bargaining Agreement 2004, AG 153 of 2004
  24. Ramsay Healthcare WA Hospitals Health Services Union Enterprise Agreement 2005, AG 24 of 2005
  25. St John of God Hospital Geraldton (HSU) Caregiver Agreement 2006, AG 41 of 2006
  26. St John of God Hospital Murdoch (HSU) Caregiver Agreement 2006, AG 34 of 2006
  27. St John of God Hospital Subiaco (HSU) Caregiver Agreement 2006, AG 35 of 2006
  28. Therapy Focus Enterprise Bargaining Agreement 2004, AG 4 of 2005
  29. Uniting Church Homes, Health Services Union Enterprise Agreement 2004, AG 189 of 2004
  30. WA Baptist Hospital and Homes Trust Incorporated, Health Services Union (Union of Workers) Enterprise Agreement 2004, AG 27 of 2004

Public notice was given of the Commission's intention to cancel these industrial agreements on the Commission's website on 15 December 2017. 

A copy of the Order can be viewed 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 : mail reg

 

You are here: Home > News