Recent Decisions
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:
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: Decision
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: 7 Feb 2024
Result: Orders and directions issued
Citation: 2024 WAIRC 00057
WAIG Reference: 104 WAIG 165
Minister for Corrective Services -v- Western Australian Prison Officers' Union of Workers
Document Type: Order
Matter Number: APPL 1/2024
Matter Description: Interpretation of the Department of Justice Prison Officers' Industrial Agreement 2022
Industry: Correction
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner T B Walkington
Delivery Date: 6 Feb 2024
Result: Direction issued
Citation: 2024 WAIRC 00052
WAIG Reference:
Western Australia Police Force -v- WA Police Union of Workers, Community & Public Sector Union/Civil Service Association of WA
Document Type: Order
Matter Number: PSAAG 17/2023
Matter Description: Western Australia Police Force Auxiliary Officers Industrial Agreement 2022
Industry: Police
Jurisdiction: Public Service Arbitrator
Member/Magistrate name: Commissioner T B Walkington
Delivery Date: 6 Feb 2024
Result: Agreement registered
Citation: 2024 WAIRC 00053
WAIG Reference:
The United Professional Firefighters Union of Western Australia -v- Department of Fire and Emergency Services
Document Type: Order
Matter Number: CR 12/2023
Matter Description: Dispute re settlement agreements regarding Country Relieving Allowance
Industry: Emergency
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner T Emmanuel
Delivery Date: 2 Feb 2024
Result: Order issued
Citation: 2024 WAIRC 00056
WAIG Reference:
Department of Justice -v- The Civil Service Association of Western Australia Incorporated
Document Type: Order
Matter Number: PSAAG 1/2024
Matter Description: Department of Justice (Jury Officers) CSA Agreement 2022
Industry: Government Administration
Jurisdiction: Public Service Arbitrator
Member/Magistrate name: Commissioner T B Walkington
Delivery Date: 2 Feb 2024
Result: Agreement registered
Citation: 2024 WAIRC 00050
WAIG Reference:
Commission's Own Motion -v- (Not Applicable)
Document Type: Order
Matter Number: APPL 24/2023
Matter Description: Review of clause 7 and schedules B and F of the Aboriginal Communities and Organisations Western Australian Interim Award 2011 pursuant to s 40B of the Industrial Relations Act 1979 (WA)
Industry: Community Services
Jurisdiction: Single Commissioner
Member/Magistrate name: Senior Commissioner R Cosentino
Delivery Date: 1 Feb 2024
Result: Award varied
Citation: 2024 WAIRC 00049
WAIG Reference:
Transport Workers Union of Australia, Industrial Union of Workers, Western Australia Branch -v- Baking Industry Employers Association of Western Australia (INC)
Document Type: Order
Matter Number: APPL 73/2023
Matter Description: Transport Workers (General) Award No. 10 of 1961
Industry: Transport Industry
Jurisdiction: Single Commissioner
Member/Magistrate name: Senior Commissioner R Cosentino
Delivery Date: 31 Jan 2024
Result: Award varied
Citation: 2024 WAIRC 00047
WAIG Reference:
Disability Services Commission -v- United Workers Union (WA)
Document Type: Order
Matter Number: AG 27/2023
Matter Description: Disability Services Commission – United Workers Union (WA) – Disability Support Workers Industrial Agreement 2022
Industry: Community Services
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner T Kucera
Delivery Date: 31 Jan 2024
Result: Correction Order issued
Citation: 2024 WAIRC 00048
WAIG Reference:
Lachlan John Craigie -v- GMA Metals Australia Pty Ltd
Document Type: Order
Matter Number: B 95/2023
Matter Description: Contractual Benefit Claim
Industry: Metals
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner T Kucera
Delivery Date: 30 Jan 2024
Result: Order issued
Citation: 2024 WAIRC 00045
WAIG Reference:
Western Australian Municipal, Administrative, Clerical and Services Union of Employees -v- City of Kalamunda, Local Government, Racing and Cemeteries Employees Union (WA), Shire of Boddington, Shire of Dalwallinu, Shire of Yalgoo, Shire of Bridgetown Greenbushes, Shire of Bruce Rock, Shire of Carnamah, 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, Western Australian Local Government Association
Document Type: Order
Matter Number: APPL 3/2023
Matter Description: Municipal Employees (Western Australia) Award 2021
Industry: Local Government
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner T B Walkington
Delivery Date: 29 Jan 2024
Result: Direction issued
Citation: 2024 WAIRC 00043
WAIG Reference:
City of Belmont -v- Local Government, Racing and Cemeteries Employees Union (WA) and another
Document Type: Order
Matter Number: AG 2/2024
Matter Description: City of Belmont Outside Workforce Industrial Agreement 2023
Industry: Local Government
Jurisdiction: Single Commissioner
Member/Magistrate name: Senior Commissioner R Cosentino
Delivery Date: 29 Jan 2024
Result: Correction Order issued
Citation: 2024 WAIRC 00042
WAIG Reference: 104 WAIG 218
Shop Distributive & Allied Employees Association -v- Baljit Kaur Pty Ltd
Document Type: Decision
Matter Number: M 97/2023
Matter Description: Fair Work Act 2009 - Alleged breach of Instrument
Industry:
Jurisdiction: Industrial Magistrate
Member/Magistrate name: INDUSTRIAL MAGISTRATE T. KUCERA
Delivery Date: 29 Jan 2024
Result: Penalty issued and ancillary orders made
Citation: 2024 WAIRC 00040
WAIG Reference:
Western Australian Municipal, Administrative, Clerical and Services Union of Employees -v- City of Kalamunda, The Association of Professional Engineers, Australia (Western Australian Branch) Organisation of Employees (APEA), Shire of Boddington, Shire of Dalwallinu, Shire of Yalgoo, Shire of Bridgetown Greenbushes, Shire of Bruce Rock, Shire of Carnamah, 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, Western Australian Local Government Association
Document Type: Order
Matter Number: APPL 4/2023
Matter Description: Local Government Officers’ (Western Australia) Award 2021
Industry: Local Government
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner T B Walkington
Delivery Date: 29 Jan 2024
Result: Direction issued
Citation: 2024 WAIRC 00044
WAIG Reference:
Commission's Own Motion -v- (Not Applicable)
Document Type: Decision
Matter Number: APPL 24/2023
Matter Description: Review of clause 7 and schedules B and F of the Aboriginal Communities and Organisations Western Australian Interim Award 2011 pursuant to s 40B of the Industrial Relations Act 1979 (WA)
Industry: Community Services
Jurisdiction: Single Commissioner
Member/Magistrate name: Senior Commissioner R Cosentino
Delivery Date: 25 Jan 2024
Result: Award varied
Citation: 2024 WAIRC 00038
WAIG Reference: 104 WAIG 171
City of Belmont -v- Western Australian Municipal, Administrative, Clerical and Services Union of Employees
Document Type: Order
Matter Number: AG 1/2024
Matter Description: City of Belmont Inside Workforce Industrial Agreement 2023
Industry: Local Government
Jurisdiction: Single Commissioner
Member/Magistrate name: Senior Commissioner R Cosentino
Delivery Date: 25 Jan 2024
Result: Agreement registered
Citation: 2024 WAIRC 00035
WAIG Reference:
Commission's Own Motion -v- (Not Applicable)
Document Type: Order
Matter Number: APPL 27/2023
Matter Description: Review of clauses 7, 8 and 16 of the Municipal Employees (Western Australia) Award 2021 pursuant to s 40B of the Industrial Relations Act 1979 (WA)
Industry: Local Government
Jurisdiction: Single Commissioner
Member/Magistrate name: Senior Commissioner R Cosentino
Delivery Date: 25 Jan 2024
Result: Award varied
Citation: 2024 WAIRC 00037
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: 25 Jan 2024
Result: Programming Orders Issued
Citation: 2024 WAIRC 00041
WAIG Reference:
City of Belmont -v- Local Government, Racing and Cemeteries Employees Union (WA) and another
Document Type: Order
Matter Number: AG 2/2024
Matter Description: City of Belmont Outside Workforce Industrial Agreement 2023
Industry: Local Government
Jurisdiction: Single Commissioner
Member/Magistrate name: Senior Commissioner R Cosentino
Delivery Date: 25 Jan 2024
Result: Agreement registered
Citation: 2024 WAIRC 00036
WAIG Reference:
Samantha Fenn -v- The Australian Nursing Federation, Industrial Union of Workers Perth and another
Document Type: Order
Matter Number: FBA 7/2023
Matter Description: Appeal against a decision of the Commission in matter number PRES 10/2022 given on 10 October 2023
Industry: Unions
Jurisdiction: Full Bench
Member/Magistrate name: Senior Commissioner R Cosentino, Commissioner T B Walkington, Commissioner C Tsang
Delivery Date: 24 Jan 2024
Result: Direction issued
Citation: 2024 WAIRC 00034
WAIG Reference:
Toni Marie Van Den Berg -v- Director General, Department of Justice
Document Type: Order
Matter Number: U 88/2023
Matter Description: Unfair Dismissal Application
Industry: Correction
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner T B Walkington
Delivery Date: 24 Jan 2024
Result: Name of Respondent amended
Citation: 2024 WAIRC 00030
WAIG Reference: