Who can make an application?

An employee or employer in the construction industry can make an appeal to the Commission under s 50 of the Construction Industry Portable Paid Long Service Leave Act 1985 (WA) against a reviewable decision of the Construction Industry Long Service Leave Payments Board which concerns: 

• the registration of employees and employers; or
• the assessment and/or payment of long service leave entitlements to an employee.

The appeal must be filed within 21 days of the date of the reviewable decision, using Form 8C – Notice of Appeal or Referral (Other Matters)

Process

After you have submitted your Form 8C, the Commission’s Registry will:

• check the form to make sure that it contains all the required information;
• if the form is complete, send a copy of it to you for your records; and
• serve a copy of it on your former employer. There is no need to serve a copy of your Form 8C on your former employer unless you are instructed to do so.

If your employer intends to respond to your claim, they can file a response. This must be done within 21 days of being served a copy of your claim.

The matter may then be listed for a hearing, where the Commission makes a binding decision.

Please see the Commission's fact sheets for further information that may assist you with your application.

Possible outcomes

The Commission may affirm the decision of the Board, vary the decision of the Board, or set the decision of the Board aside and substitute it with another decision or send the matter back to the Board for reconsideration.

Who can make an application?

The Form 1B – Application for a Section 44 Conference is for use when making an application under that section 44 of the Industrial Relations Act 1979 (Act) only.

Section 44 of the Act provides the Commission with the authority to deal with industrial disputes, where an application is made by any organisation (union) or association (union), or by an employer.

The only circumstance where an individual employee or former employee may lodge an application to request that a conference be convened under section 44 of the Act, is in respect of a dispute relating to that employee’s entitlement to long service leave. The Commission must not exercise its jurisdiction under section 44 if another application relating to the long service entitlement dispute has been made under another provision of the Act or another law, unless the other application is discontinued or dismissed because it is not within the relevant body’s jurisdiction.