Western Australian Industrial Relations Commission

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The Commission has dismissed an application made by the respondent to adjourn the scheduled dates for a hearing for a further two weeks. The respondent applied for an adjournment on 18 June 2019 for the scheduled hearing dates to be vacated to a date not before the beginning of September 2019 on the basis that:

  • the hearing was at the busiest time of year for the respondent,
  • two key witnesses would not be available,
  • the cross-examination of other witnesses by the applicant would cause the store to be un-operational at a critical time for trade, and
  • the State Manager would be away for the hearing.

On 20 June 2019, the respondent amended their request for an adjournment to a date in the week following 13 July 2019.

The Commission noted the respondent’s lengthy notice of the dates for the hearing and the late application for adjournment when finding that it was not in the interests of parties in other proceedings and the public to adjourn the scheduled hearing. The Commission also considered that the applicant would be disadvantaged if the dates set for hearing were vacated, that the respondent had only raised the issue of the demands of seasonal trading two weeks before the first day of the hearing and that alternative arrangements could be made for witnesses to give their evidence or that issue be addressed on the first day of the hearing.

In light of these findings, the Commission dismissed the respondent’s application.

The decision can be read here.

The Commission has dismissed a reclassification application by an applicant who was employed as a full time Level 4 graphic designer in January 2016 by the Department of Corrective Services. The applicant was recommended for a Level 5 reclassification by the Department’s Classification Review Committee on 9 March 2017, however this reclassification was deferred following incorrect information being given to the Committee that the applicant had not been continuously employed by the Department for more than 12 months as required. After the March 2017 State election, the Committee reconvened but the applicant’s reclassification was denied.

The Public Service Arbitrator found that the matter was not one that the Arbitrator had jurisdiction to deal with as it did not relate to a matter described in section 80E(2)(a) of the Industrial Relations Act.

The Commission dismissed the application after finding that the applicant did not have standing to bring it.

The decision can be read here.

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.

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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