Recent Decisions
Western Australian Municipal, Administrative, Clerical and Services Union of Employees; The Construction, Forestry, Mining and Energy Union of Workers; Western Australian Municipal, Clerical and Services Union of Employees -v- (Not Applicable), The Construction, Forestry, Mining and Energy Union of Workers - SECTION 29B PARTY, Local Government, Racing and Cemeteries Employees Union (WA) - INTERVENOR, Western Australian Local Government Association - INTERVENOR; (Not Applicable), Western Australian Municipal, Administrative, Clerical and Services Union of Employees (SECTION 29B PARTY), Racing and Cemeteries Employees Union (WA) - SECTION 29B PARTY, Western Australian Local Government Association - INTERVENOR
Document Type: Order
Matter Number: CICS 5/2023
Matter Description: Application pursuant to s 72A that the Western Australian Municipal, Administrative, Clerical and Services Union of Employees has the right, to the exclusion of the Construction, Forestry, Mining and Energy Union of Workers, to represent the industrial interests of all outside employees employed in the City of Rockingham
Industry: Personal and Other Services
Jurisdiction: Commission in Court Session
Member/Magistrate name: Chief Commissioner S J Kenner, Senior Commissioner R Cosentino, Commissioner T Emmanuel
Delivery Date: 15 Mar 2024
Result: Direction issued
Citation: 2024 WAIRC 00106
WAIG Reference:
Thomas Nolan -v- United Professional Firefighters Union of WA
Document Type: Order
Matter Number: PRES 5/2024
Matter Description: Order pursuant to s.66
Industry: Unions
Jurisdiction: President
Member/Magistrate name: Chief Commissioner S J Kenner
Delivery Date: 15 Mar 2024
Result: Order issued
Citation: 2024 WAIRC 00105
WAIG Reference:
Commission's Own Motion -v- (Not Applicable)
Document Type: Order
Matter Number: APPL 58/2022
Matter Description: Review of Farm Employees' Award pursuant to s 40B of the Industrial Relations Act 1979 (WA)
Industry: Agriculture
Jurisdiction: Single Commissioner
Member/Magistrate name: Senior Commissioner R Cosentino
Delivery Date: 14 Mar 2024
Result: Award varied
Citation: 2024 WAIRC 00135
WAIG Reference:
North Metropolitan Health Service and others -v- Australian Nursing Federation, Industrial Union of Workers Perth
Document Type: Order
Matter Number: AG 5/2024
Matter Description: WA Health System - Australian Nursing Federation - Registered Nurses, Midwives, Enrolled (Mental Health) and Enrolled (Mothercraft) Nurses - Industrial Agreement 2022
Industry: Health Services
Jurisdiction: Single Commissioner
Member/Magistrate name: Senior Commissioner R Cosentino
Delivery Date: 14 Mar 2024
Result: Agreement registered
Citation: 2024 WAIRC 00102
WAIG Reference:
CITIC Pacific Mining Management Pty Ltd -v- WorkSafe Commissioner
Document Type: Order
Matter Number: WHST 1/2024
Matter Description: Application for external review pursuant to section 229 of the Work Health and Safety Act 2020
Industry: Mining
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner T Emmanuel
Delivery Date: 13 Mar 2024
Result: Programming orders issued
Citation: 2024 WAIRC 00098
WAIG Reference:
Consolidated Pastoral Company Pty Ltd; Hancock Prospecting Pty Ltd -v- WorkSafe Commissioner
Document Type: Decision
Matter Number: OSHT 4/2021
Matter Description: Review of Notice - s.51A - OSH Act
Industry: Farming
Jurisdiction: Occupational Safety and Health Tribunal
Member/Magistrate name: Commissioner T Emmanuel
Delivery Date: 13 Mar 2024
Result: Application for costs dismissed
Decisions of the WorkSafe Commissioner revoked and improvement notices set aside by consent
Citation: 2024 WAIRC 00101
WAIG Reference:
Penelope Anne Fagan -v- Minister for Corrective Services
Document Type: Order
Matter Number: IAC 1/2024
Matter Description: Appeal against the decision of the Full Bench in FBA 3/2023
Industry: Correction
Jurisdiction: Industrial Appeal Court
Member/Magistrate name:
Delivery Date: 13 Mar 2024
Result: Programming Orders Issued
Citation: 2024 WAIRC 00099
WAIG Reference:
CITIC Pacific Mining Management Pty Ltd -v- WorkSafe Commissioner
Document Type: Decision
Matter Number: WHST 1/2024
Matter Description: Application for external review pursuant to section 229 of the Work Health and Safety Act 2020
Industry: Mining
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner T Emmanuel
Delivery Date: 13 Mar 2024
Result: Stay granted
Citation: 2024 WAIRC 00100
WAIG Reference:
STUART BROAD -v- SHIRE OF MURCHISON
Document Type: Order
Matter Number: U 92/2023
Matter Description: Unfair Dismissal Application
Industry: Local Government
Jurisdiction: Single Commissioner
Member/Magistrate name: Senior Commissioner R Cosentino
Delivery Date: 12 Mar 2024
Result: Direction issued
Citation: 2024 WAIRC 00097
WAIG Reference:
Western Australian Municipal, Administrative, Clerical and Services Union of Employees and another -v- City of Kalamunda and others
Document Type: Order
Matter Number: APPL 80/2023
Matter Description: Municipal Employees (Western Australia) Award 2021
Industry: Local Government
Jurisdiction: Single Commissioner
Member/Magistrate name: Senior Commissioner R Cosentino
Delivery Date: 11 Mar 2024
Result: Direction issued
Citation: 2024 WAIRC 00096
WAIG Reference:
City of Nedlands -v- The Western Australian Municipal, Administrative, Clerical and Services Union of Employees and another
Document Type: Order
Matter Number: AG 4/2024
Matter Description: City of Nedlands Outside Workforce Agreement 2023
Industry: Local Government
Jurisdiction: Single Commissioner
Member/Magistrate name: Senior Commissioner R Cosentino
Delivery Date: 6 Mar 2024
Result: Agreement registered
Citation: 2024 WAIRC 00094
WAIG Reference:
The Civil Service Association of WA (Inc.) -v- Director General, Department of Justice
Document Type: Order
Matter Number: PSACR 12/2023
Matter Description: Dispute re working from home requests made under cl 51 of the Public Sector CSA Agreement 2022
Industry: Government Administration
Jurisdiction: Public Service Arbitrator
Member/Magistrate name: Senior Commissioner R Cosentino
Delivery Date: 6 Mar 2024
Result: Application dismissed
Citation: 2024 WAIRC 00092
WAIG Reference: 104 WAIG 283
The Civil Service Association of WA (Inc.) -v- Director General, Department of Justice
Document Type: Order
Matter Number: PSACR 12/2023
Matter Description: Dispute re working from home requests made under cl 51 of the Public Sector CSA Agreement 2022
Industry: Government Administration
Jurisdiction: Public Service Arbitrator
Member/Magistrate name: Senior Commissioner R Cosentino
Delivery Date: 6 Mar 2024
Result: Direction issued
Citation: 2024 WAIRC 00093
WAIG Reference:
Karen Auzins -v- Department of Education
Document Type: Order
Matter Number: PSAB 25/2023
Matter Description: Appeal against the decision of the employer taken on 27 November 2023
Industry: Education
Jurisdiction: Public Service Appeal Board
Member/Magistrate name: Commissioner C Tsang
Delivery Date: 5 Mar 2024
Result: Direction issued
Citation: 2024 WAIRC 00091
WAIG Reference:
Nicholas Gerard Maher -v- Roman Catholic Bishop of Bunbury
Document Type: Decision
Matter Number: FBA 4/2023
Matter Description: Appeal against a decision of the Commission in matter U 61/2022 given on 14 August 2023
Industry: Other
Jurisdiction: Full Bench
Member/Magistrate name: Chief Commissioner S J Kenner, Commissioner T Emmanuel, Commissioner T Kucera
Delivery Date: 1 Mar 2024
Result: Appeal upheld
Citation: 2024 WAIRC 00089
WAIG Reference:
Local Government, Racing and Cemeteries Union (WA) -v- Western Australian Municipal, Administrative, Clerical and Services Union and others
Document Type: Order
Matter Number: APPL 6/2024
Matter Description: Municipal Employees (Western Australia) Award 2021
Industry: Local Government
Jurisdiction: Single Commissioner
Member/Magistrate name: Senior Commissioner R Cosentino
Delivery Date: 27 Feb 2024
Result: Order issued
Citation: 2024 WAIRC 00087
WAIG Reference: 104 WAIG 284
Shire of Serpentine Jarrahdale, Western Australian Municipal, Administrative, Clerical and Services Union of Employees, Local Government, Racing and Cemeteries Employees Union (WA) -v- (Not Applicable)
Document Type: Order
Matter Number: AG 6/2024
Matter Description: Shire of Serpentine Jarrahdale Operations Team Industrial Agreement 2024
Industry: Local Government
Jurisdiction: Single Commissioner
Member/Magistrate name: Senior Commissioner R Cosentino
Delivery Date: 27 Feb 2024
Result: Agreement registered
Citation: 2024 WAIRC 00085
WAIG Reference:
Local Government, Racing and Cemeteries Union (WA) -v- City of Bunbury
Document Type: Order
Matter Number: C 46/2023
Matter Description: Dispute re written warning
Industry: Local Government
Jurisdiction: Single Commissioner
Member/Magistrate name: Senior Commissioner R Cosentino
Delivery Date: 26 Feb 2024
Result: Direction issued
Citation: 2024 WAIRC 00084
WAIG Reference: 104 WAIG 281
Construction, Forestry and Maritime Employees Union -v- Qube Ports Pty Ltd
Document Type: Decision
Matter Number: M 113/2023
Matter Description: Fair Work Act 2009 - Alleged breach of Instrument
Industry:
Jurisdiction: Industrial Magistrate
Member/Magistrate name: Industrial Magistrate D. Scaddan
Delivery Date: 23 Feb 2024
Result: Application granted; claim dismissed
Citation: 2024 WAIRC 00083
WAIG Reference: 104 WAIG 271
Western Australian Local Government Association -v- Western Australian Municipal, Administrative, Clerical and Services Union of Employees, City of Kalamunda, Shire of Bridgetown Greenbushes, Shire of Carnamah, Shire of Dalwallinu, Shire of Dowerin, Shire of Goomalling, Shire of Halls Creek, Shire of Harvey, Shire of Kondinin, Shire of Laverton, Shire of Leonora, Shire of Murray, Shire of Nannup, Shire of Narembeen, Shire of Ravensthorpe, Shire of Sandstone, Shire of Three Springs, Shire of Victoria Plains, Shire of Wagin, Shire of Wandering, Shire of Waroona, Shire of Woodanilling, Shire of Yalgoo, Shire of Boddington, Shire of Bruce Rock, The Association of Professional Engineers, Australia (Western Australian Branch) Organisation of Employees (APEA)
Document Type: Order
Matter Number: PRES 2/2024
Matter Description: A stay of operation of the Order in matter number APPL 4/2023 which is the subject of FBA 5/2024
Industry: Local Government
Jurisdiction: President
Member/Magistrate name: Chief Commissioner S J Kenner
Delivery Date: 22 Feb 2024
Result: Order and Declaration issued
Citation: 2024 WAIRC 00082
WAIG Reference:
Western Australian Local Government Association -v- Western Australian Municipal, Administrative, Clerical and Services Union of Employees, Local Government, Racing and Cemeteries Employees Union (WA), City of Kalamunda, Shire of Carnamah, Shire of Dalwallinu, Shire of Goomalling, Shire of Halls Creek, Shire of Harvey, Shire of Kondinin, Shire of Laverton, Shire of Leonora, Shire of Murray, Shire of Nannup, Shire of Narembeen, Shire of Ravensthorpe, Shire of Sandstone, Shire of Three Springs, Shire of Victoria Plains, Shire of Wagin, Shire of Wandering, Shire of Waroona, Shire of Woodanilling, Shire of Yalgoo, Shire of Bridgetown Greenbushes, Shire of Dowerin, Shire of Boddington, Shire of Bruce Rock
Document Type: Order
Matter Number: PRES 1/2024
Matter Description: A stay of operation of the Order in matter number APPL 3/2023 which is the subject of FBA 4/2024
Industry: Local Government
Jurisdiction: President
Member/Magistrate name: Chief Commissioner S J Kenner
Delivery Date: 22 Feb 2024
Result: Order and Declaration issued
Citation: 2024 WAIRC 00081
WAIG Reference: 104 WAIG 280
City of Albany and another -v- (Not Applicable)
Document Type: Order
Matter Number: APPL 81/2023
Matter Description: Commission to make orders as to terms of the City of Albany Industrial Agreement 2023
Industry: Local Government
Jurisdiction: Single Commissioner
Member/Magistrate name: Senior Commissioner R Cosentino
Delivery Date: 19 Feb 2024
Result: Direction issued
Citation: 2024 WAIRC 00080
WAIG Reference:
Western Australian Police Union of Workers -v- Commissioner of Police, Western Australia Police Force
Document Type: Order
Matter Number: P 1/2023
Matter Description: Interpretation of the Western Australia Police Force Industrial Agreement 2021
Industry: Police
Jurisdiction: Public Service Arbitrator
Member/Magistrate name: Senior Commissioner R Cosentino
Delivery Date: 16 Feb 2024
Result: Application dismissed
Citation: 2024 WAIRC 00077
WAIG Reference:
Gianna Tati -v- Commissioner of Police as chief executive officer of the Police Department
Document Type: Decision
Matter Number: PSAB 10/2023
Matter Description: Appeal against the decision of the employer taken on 5 May 2023
Industry: Government Administration
Jurisdiction: Public Service Appeal Board
Member/Magistrate name: Commissioner T Emmanuel
Delivery Date: 16 Feb 2024
Result: Order issued
Citation: 2024 WAIRC 00075
WAIG Reference: 104 WAIG 289
Gianna Tati -v- Commissioner of Police as chief executive officer of the Police Department
Document Type: Order
Matter Number: PSAB 10/2023
Matter Description: Appeal against the decision of the employer taken on 5 May 2023
Industry: Government Administration
Jurisdiction: Public Service Appeal Board
Member/Magistrate name: Commissioner T Emmanuel
Delivery Date: 16 Feb 2024
Result: Order issued
Citation: 2024 WAIRC 00076
WAIG Reference:
Local Government, Racing and Cemeteries Union (WA) -v- City of Bunbury
Document Type: Order
Matter Number: C 46/2023
Matter Description: Dispute re written warning
Industry: Local Government
Jurisdiction: Single Commissioner
Member/Magistrate name: Senior Commissioner R Cosentino
Delivery Date: 15 Feb 2024
Result: Direction issued
Citation: 2024 WAIRC 00074
WAIG Reference:
Cameron Tweedie -v- Zenitas Healthcare Pty Ltd ACN 009 074 588, APM Lifecare Trusco Pty Ltd
Document Type: Order
Matter Number: FBA 1/2024
Matter Description: Appeal against a decision of the Industrial Magistrate in matter number M 55/2022 given on 15 December 2023
Industry: Health Services
Jurisdiction: Full Bench
Member/Magistrate name: Chief Commissioner S J Kenner, Commissioner T B Walkington, Commissioner C Tsang
Delivery Date: 15 Feb 2024
Result: Appeal discontinued
Citation: 2024 WAIRC 00073
WAIG Reference: 104 WAIG 243
Penelope Anne Fagan -v- Minister for Corrective Services
Document Type: Order
Matter Number: IAC 1/2024
Matter Description: Appeal against the decision of the Full Bench in FBA 3/2023
Industry: Correction
Jurisdiction: Industrial Appeal Court
Member/Magistrate name:
Delivery Date: 15 Feb 2024
Result: Programming Order
Citation: 2024 WAIRC 00079
WAIG Reference:
Western Australian Municipal, Administrative, Clerical and Services Union of Employees and another -v- City of Kalamunda and others
Document Type: Decision
Matter Number: APPL 80/2023
Matter Description: Municipal Employees (Western Australia) Award 2021
Industry: Local Government
Jurisdiction: Single Commissioner
Member/Magistrate name: Senior Commissioner R Cosentino
Delivery Date: 14 Feb 2024
Result: Application dismissed
Citation: 2024 WAIRC 00071
WAIG Reference: 104 WAIG 244
Darren Barrett -v- James Dar Holdings PTY LTD
Document Type: Order
Matter Number: U 78/2023
Matter Description: Unfair Dismissal Application
Industry: Wholesale Trade
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner T B Walkington
Delivery Date: 14 Feb 2024
Result: Application discontinued
Citation: 2024 WAIRC 00069
WAIG Reference: 104 WAIG 214
Western Australian Municipal, Administrative, Clerical and Services Union of Employees and another -v- City of Kalamunda and others
Document Type: Order
Matter Number: APPL 80/2023
Matter Description: Municipal Employees (Western Australia) Award 2021
Industry: Local Government
Jurisdiction: Single Commissioner
Member/Magistrate name: Senior Commissioner R Cosentino
Delivery Date: 14 Feb 2024
Result: Application dismissed
Citation: 2024 WAIRC 00072
WAIG Reference:
Western Australian Police Union of Workers -v- Commissioner of Police, Western Australia Police Force
Document Type: Decision
Matter Number: P 1/2023
Matter Description: Interpretation of the Western Australia Police Force Industrial Agreement 2021
Industry: Police
Jurisdiction: Public Service Arbitrator
Member/Magistrate name: Senior Commissioner R Cosentino
Delivery Date: 14 Feb 2024
Result: Application dismissed
Citation: 2024 WAIRC 00070
WAIG Reference: 104 WAIG 253
Honourable Fiona Seaward appointed as a Member of the Western Australian Industrial Appeal Court
Document Type: Direction
Matter Number: MN 6/1950
Matter Description: Notices-Appointments
Industry:
Jurisdiction: Western Australian Industrial Relations Commission
Member/Magistrate name:
Delivery Date: 12 Feb 2024
Result:
Citation: 2024 WAIRC 00067
WAIG Reference: 104 WAIG 234
Wungening Aboriginal Corporation -v- Western Australian Municipal, Administrative, Clerical and Services Union of Employees and others
Document Type: Order
Matter Number: APPL 82/2023
Matter Description: Crisis Assistance, Supported Housing industry - Western Australian Interim Award 2011
Industry: Community Services
Jurisdiction: Single Commissioner
Member/Magistrate name: Senior Commissioner R Cosentino
Delivery Date: 12 Feb 2024
Result: Award varied
Citation: 2024 WAIRC 00065
WAIG Reference:
Honourable Robert Mitchell appointed as the Deputy Presiding Judge of the Western Australian Industrial Appeal Court
Document Type: Direction
Matter Number: MN 6/1950
Matter Description: Notices-Appointments
Industry:
Jurisdiction: Western Australian Industrial Relations Commission
Member/Magistrate name:
Delivery Date: 12 Feb 2024
Result:
Citation: 2024 WAIRC 00066
WAIG Reference: 104 WAIG 234
Construction, Forestry, Maritime, Mining, and Energy Union -v- Qube Ports Pty Ltd (ABN: 46 123 021 492)
Document Type: Decision
Matter Number: M 76/2022
Matter Description: Fair Work Act 2009 - Alleged breach of Instrument; Fair Work Act 2009 - Alleged breach of Act
Industry:
Jurisdiction: Industrial Magistrate
Member/Magistrate name: Industrial Magistrate B. Coleman
Delivery Date: 9 Feb 2024
Result: Claim (in relation to long service leave) dismissed
Citation: 2024 WAIRC 00064
WAIG Reference:
Brian Edward Ravenscroft, Department of Mines, Industry Regulation and Safety -v- Ali Demirci
Document Type: Decision
Matter Number: M 79/2023
Matter Description: Industrial Relations Act 1979 - Alleged breach of Act
Industry:
Jurisdiction: Industrial Magistrate
Member/Magistrate name: Industrial Magistrate D. Scaddan
Delivery Date: 9 Feb 2024
Result: Civil penalty paid, and other orders made
Citation: 2024 WAIRC 00061
WAIG Reference: 104 WAIG 192
Western Australian Municipal, Administrative, Clerical and Services Union of Employees; The Construction, Forestry, Mining and Energy Union of Workers; Western Australian Municipal, Clerical and Services Union of Employees -v- (Not Applicable), The Construction, Forestry, Mining and Energy Union of Workers - SECTION 29B PARTY, Local Government, Racing and Cemeteries Employees Union (WA) - INTERVENOR; (Not Applicable), Western Australian Municipal, Administrative, Clerical and Services Union of Employees (SECTION 29B PARTY), Racing and Cemeteries Employees Union (WA) - SECTION 29B PARTY
Document Type: Order
Matter Number: CICS 5/2023
Matter Description: Application pursuant to s 72A that the Western Australian Municipal, Administrative, Clerical and Services Union of Employees has the right, to the exclusion of the Construction, Forestry, Mining and Energy Union of Workers, to represent the industrial interests of all outside employees employed in the City of Rockingham
Industry: Personal and Other Services
Jurisdiction: Commission in Court Session
Member/Magistrate name: Chief Commissioner S J Kenner, Senior Commissioner R Cosentino, Commissioner T Emmanuel
Delivery Date: 9 Feb 2024
Result: Orders and directions issued
Citation: 2024 WAIRC 00062
WAIG Reference:
Justin Simmonds -v- Electricity Networks Corporation t/a Western Power, Sam Barbaro, Gair Landsborough, Andy Shaw, Sue Nesci, Ben Prideaux, Charlene Amin, Chris Porteous, Steven Armstrong, Matthew Mercer, Robert Mitchell, Sophie Silvester
Document Type: Order
Matter Number: WHST 8/2023
Matter Description: Application for an Order in relation to engaging in or inducing discriminatory or coercive conduct pursuant to section 112 of the Work Health and Safety Act 2020
Industry: Electricity and Gas Supply
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner T Emmanuel
Delivery Date: 8 Feb 2024
Result: Order issued
Citation: 2024 WAIRC 00059
WAIG Reference: 104 WAIG 234
ERIKA BEATTIE-SONC -v- CITY OF ARMADALE WA
Document Type: Order
Matter Number: U 68/2023
Matter Description: Unfair Dismissal Application
Industry: Local Government
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner T B Walkington
Delivery Date: 7 Feb 2024
Result: Direction issued
Citation: 2024 WAIRC 00058
WAIG Reference: