The law changed on 31 January 2025. The Public Service Arbitrator and Public Service Appeal Board were abolished on 31 January 2025. Applications by public sector employees are now heard in the general jurisdiction of the Commission.

Public sector matter applications

Overview

Matter	Detailed description	Legislation	Who may apply	Time limit to apply
An industrial matter under section 78 of the Public Sector Management Act 1994 (PSMA)	A referral by an employee or former employee under section 29(1)(i) of the Industrial Relations Act 1979 (Act) regarding an industrial matter under section 78 of the PSMA that is a substandard performance or disciplinary decision or finding. A substandard performance or disciplinary decision or finding is a decision or finding made in relation to an employee or former employee to which Part 5 of the PSMA applies	Sections 7(1); 29(1)(a); 29(1)(i); 29(2)(c); 36AA(2)(c); and Part II Division 2AA Subdivision 3 of the Act Sections 3, 5 and Part 5 of the PSMA	An employee A former employee A registered organisation where the employee or former employee is eligible to be a member The employing authority	No later than 28 days after the day on which the decision or finding is made
An industrial matter under section 171 of the Health Services Act 2016 (HSA)	A referral by an employee or former employee under section 29(1)(j) of the Act regarding an industrial matter under section 171 of the HSA that is a substandard performance or disciplinary decision or finding. A substandard performance or disciplinary decision or finding is a decision or finding made in relation to an employee or former employee to which Part 11 of the HSA applies	Sections 7(1); 29(1)(a); 29(1)(j); 29(2)(c); 36AA(2)(c); and, Part II Division 2AA Subdivision 3 of the Act Sections 6, 103 and Part 11 of the HSA	An employee A former employee A registered organisation where the employee or former employee is eligible to be a member The employing authority	No later than 28 days after the day on which the decision or finding is made
A decision regarding the interpretation of a conditions of service provision	A referral by a public service officer under section 29(1)(g) of the Act regarding a decision of an employing authority relating to the interpretation of a conditions of service provision of the PSMA, pursuant to section 36AA(2)(b) of the Act. A conditions of service provision is defined in section 36AA(1) of the Act	Sections 7(1); 29(1)(a); 29(1)(g); 29(2)(b); and 36AA of the Act PSMA	A public service officer A registered organisation where the public service officer is eligible to be a member The employing authority	No later than 28 days after the day on which the decision is made
A reclassification claim	A referral by a government officer under section 29(1)(h) of the Act regarding a claim relating to the reclassification of an office held by the government officer. A government officer is defined in section 36AB of the Act and reclassification is defined in section 36AD(1) of the Act	Sections 7(1); 29(1)(a); 29(1)(h); 36AA; and Part II Division 2AA Subdivision 2 of the Act	A government officer A registered organisation where the government officer is eligible to be a member The employer	N/A
A public sector redeployment and redundancy decision	A referral by an employee under section 95(2) of the PSMA regarding a decision made or purported to be made under the Public Sector Management (Redeployment and Redundancy) Regulations 2014 (Redeployment and Redundancy Regulations)	Part 6 of the PSMA Redeployment and Redundancy Regulations	An employee A registered organisation where the employee is eligible to be a member The employer	Within 21 days after the making of the decision
A public sector redeployment and redundancy decision	A referral by an employee or former employee under section 96A(2) of the PSMA regarding a decision made or purported to be made under regulations referred to in section 95A(2) of the PSMA, other than a decision to terminate the employment of an employee	Part 6 of the PSMA Redeployment and Redundancy Regulations	An employee A former employee A registered organisation where the employee or former employee is eligible to be a member The employer	Within 21 days after the making of the decision
A decision to dismiss an employee for any other reason, other than a decision to terminate the employment of an employee under the Public Sector Management (Redeployment and Redundancy) Regulations 2014	A decision to dismiss an employee for any other reason, except termination of employment of a registered employee under the Redeployment and Redundancy Regulations	Act PSMA or HSA	An employee A former employee A registered organisation where the employee or former employee is eligible to be a member The employer	No later than 28 days after the day on which the employee’s employment is terminated

The Form 5 – Application to Refer Public Sector Matter is for use by state public sector employees when initiating any of the public sector matters detailed in the Public Sector Matters table above.

Your application should name your state government employer as the respondent. Your employer may be an 'employing authority' or a 'public authority', depending on how you are, or were, employed in the public sector. These terms are defined in section 7 of the Act. Generally, an employing authority is the position of Chief Executive Officer or Director General of the state government agency that you are, or were, employed by and not the individual who is currently appointed to that position or the agency itself (for example, Director General, Department of Government Services). A public authority includes the Crown, the Governor in Executive Council, state ministers, the President of the Legislative Council and the Speaker of the Legislative Assembly (or both acting jointly), the Governor, state government agencies and departments, state trading concerns and public statutory bodies established under a written law but does not include local government authorities or regional local government authorities.

Unless your application relates to reclassification, your application must be commenced within the time prescribed. If your application is not filed within that time, you need to provide the Commission with reasons as to why your application should be allowed to proceed.

Please check the Industrial Relations Commission Regulations 2005 to confirm what document/s must be attached to your application when it is lodged.

When lodging the application, you may be required to pay a filing fee. To check the fees payable, see Fees and charges. If payment of the fee will cause you significant financial hardship, you may apply to have the fee waived by contacting the Commission’s Registry.

After you file the Form 5, the Registrar will serve a copy of the notice of application on each of the parties, other than the appellant. The matter will generally be listed for a conciliation conference. If there is no agreement, the matter will proceed to hearing where the Commission will make a determination on the matter.
If you are a police officer, prison officer or youth custodial officer and you wish to make an appeal against your removal from office, you will need to complete and file a Form 8C – Notice of Appeal or Referral (Other Matters). For more information, visit our Removal from office page.
Please refer to the Commission's Fact sheets page for further guidance on proceedings at the Commission.

Helpful quicklinks

Fact sheets

Applications and forms

Coverage and jurisdiction

Government Officers

Who is a 'government officer'?

A government officer is defined by section 36AB of the Industrial Relations Act 1979 and includes:

a public service officer
a member of the Governor’s Establishment as defined in the section 3 of the Governor’s Establishment Act 1992
a person employed as a member of a department of the staff of Parliament under the Parliamentary and Electorate Staff (Employment) Act 1992
an electorate officer as defined in section 3(1) of the Parliamentary and Electorate Staff (Employment) Act 1992
any other person employed on the salaried staff of a public authority

The following are not government officers:

a teacher (including a member of teaching staff at a community kindergarten)
an academic staff member
a person holding office whose remuneration is determined by means of an Act

Public Service Officers

Who is a 'public service officer'?

A public service officer is a fixed term, permanent or executive officer, who is employed in the Public Service (for a definition of these terms, see Public Sector Management Act 1994). Broadly speaking, the Public Service is made up of departments and other government organisations.

Employees can find out whether they are a public service officer by looking at their letter of appointment. If the employee is appointed as either ‘permanent’ or ‘fixed term’ and the employer is a government department, the employee is probably a public service officer. Employees can also ask their employer’s HR department for details of their appointment.

Not all government employees are public service officers. For example, if an employee is appointed casually, they are probably not ‘public service officers’. Similarly, if an employee is appointed to assist a political office holder, they are not employees of the Public Service, and therefore they are not public service officers.

Other Government Employees

Who is considered to be an 'other government employee'?

An 'other government employee' is an employee who is not employed on the salaried staff of a public authority, and is not a public service officer, but is employed under the Public Sector Management Act 1994.

Information on reclassification

Prior to lodging a reclassification application with the Commission, you (or your union) should ensure you have first made a request for reclassification directly to your employer. You should have had the opportunity to consider your employer's reasons for rejecting your application for reclassification before proceeding to lodge your application for review with the Commission. Reclassification applications must be substantiated by evidence of significant changes in work value of the position that is not related to work value used for any previous reclassification of the position.
Formal notification generally requires you to submit your complete case, including all supporting evidence, rather than simply raising the issue with your employer and providing supporting documentation later. There is no time limit for claims for reclassification, however, a claim should be pursued within a reasonable time after the employer's decision.
In claims for reclassification, work value is determined based on the requirements of the position, not the personal qualities, qualifications, attributes, or diligence of the individual who happens to occupy the position at a given time. For the position to warrant an increase in classification level on the basis of increased work value, the employee needs to demonstrate that since the position was last reviewed: the work; skill; responsibility of the position; or the conditions under which the work is performed have changed, AND that such change constitutes significant changes in work value to warrant upgrading to a higher classification. A change may occur subtly or gradually, but on examination prove to be significant.

The work value test is set out in Schedule 2, Principle 7 of the State Wage Order, which can be downloaded here. You should check with the Commission’s Registry to make sure you have the most recent version as the State Wage Order is revised every year.
Applications for reclassification are decided on a case-by-case basis, however, there have been instances where certain reasons proposed for increase in work value were rejected. Please note that this is only a guide and not an absolute, determinative tool. This information applies only to Public Service Officers defined by Part 3 of the Public Sector Management Act 1994 (WA).
In certain cases, it was decided the following situations did not mean an increase in work value:
- Increase in workload (See: Frontline Clerks’ Case [2013] WAIRC 836; (2013) 93 WAIG 1565 [92])
- New technology, computer skills and literacy (See: Balshaw v Director General of Health [2015] WAIRC 763 (2015) 95 WAIG 1488 [27], Frontline Clerks’ Case [2013] WAIRC 836; (2013) 93 WAIG 1565 [145], [151]
- Training and mentoring (See: Frontline Clerks’ Case [2013] WAIRC 836;(2013) 93 WAIG 1565 [180])
- Performing duties that were once performed by a higher-level position (See: Frontline Clerks’ Case [2013] WAIRC 836; (2013) 93 WAIG 1565 [126])
- Personal qualities of the occupant of a position (See: Frontline Clerks’ Case [2013] WAIRC 836; (2013) 93 WAIG 1565 [63] – [66])
- Change to the position of itself (See: Frontline Clerks’ Case [2013] WAIRC 836; (2013) 93 WAIG 1565 [57])
- Similar duties differently described (See: Frontline Clerks’ Case [2013] WAIRC 836; (2013) 93 WAIG 1565 [126])
- The work of the position is tough or confronting (See: Frontline Clerks’ Case [2013] WAIRC 836; (2013) 93 WAIG 1565 [195])
- Increased cultural and language issues (See: Frontline Clerks’ Case [2013] WAIRC 836; (2013) 93 WAIG 1565 [198])
- Filling forms based on information in a manual (See: Frontline Clerks’ Case [2013] WAIRC 836; (2013) 93 WAIG 1565 [243])
- Working in areas where clients are more questioning or demanding (See: Dornan and Others v Department of Education [2014] WAIRC 325; (2014) 94 WAIG 614 [42])
- Introduction of statutory licencing requirements (See: Australian Liquor, Hospitality and Miscellaneous Workers Union re Child Care Industry (Australian Capital Territory) Award 1998 and Children’s Services (Victoria) Award 1998 – re Wage rates [2005] AIRC 28 [190])