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: 14 Apr 2025
Result: Declaration issued
Citation: 2025 WAIRC 00243
WAIG Reference:
INTERPRETATION OF THE DEPARTMENT OF JUSTICE PRISON OFFICERS' INDUSTRIAL AGREEMENT 2022
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES MINISTER FOR CORRECTIVE SERVICES
APPLICANT
-V-
WESTERN AUSTRALIAN PRISON OFFICERS' UNION OF WORKERS
RESPONDENT
CORAM COMMISSIONER T B WALKINGTON
DATE MONDAY, 14 APRIL 2025
FILE NO. APPL 1 OF 2024
CITATION NO. 2025 WAIRC 00243
Result Declaration issued
Representation
APPLICANT MR M MCILWAINE (OF COUNSEL)
RESPONDENT MR D STOJANOSKI (OF COUNSEL)
Declaration
HAVING heard from Mr McIlwaine on behalf of the applicant and Mr Stojanoski on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA), hereby declares —
THAT on its true interpretation the overtime provisions in clause 28, titled “Minimum Time off Duty when Overtime is Worked”, of the Department of Justice Prison Officers’ Industrial Agreement 2022, do not require the Applicant to provide Officers a 12 hour break where they have voluntarily worked Overtime following a 12 hour shift.
COMMISSIONER T B WALKINGTON
INTERPRETATION OF THE DEPARTMENT OF JUSTICE PRISON OFFICERS' INDUSTRIAL AGREEMENT 2022
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Minister for Corrective Services
APPLICANT
-v-
Western Australian Prison Officers' Union of Workers
RESPONDENT
CORAM Commissioner T B Walkington
DATE Monday, 14 April 2025
FILE NO. APPL 1 OF 2024
CITATION NO. 2025 WAIRC 00243
Result Declaration issued
Representation
Applicant Mr M McIlwaine (of counsel)
Respondent Mr D Stojanoski (of counsel)
Declaration
HAVING heard from Mr McIlwaine on behalf of the applicant and Mr Stojanoski on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA), hereby declares —
THAT on its true interpretation the overtime provisions in clause 28, titled “Minimum Time off Duty when Overtime is Worked”, of the Department of Justice Prison Officers’ Industrial Agreement 2022, do not require the Applicant to provide Officers a 12 hour break where they have voluntarily worked Overtime following a 12 hour shift.
Commissioner T B Walkington