The Public Service Appeal Board (Appeal Board) has dismissed the appeal of a food and beverage attendant, finding that the appellant was not a public service officer or salaried staff member, and did not have standing to bring the appeal.

Background

The appellant was employed as a food service attendant at Graylands Hospital. Following disciplinary proceedings, it was proposed the disciplinary action to be taken would be to transfer the appellant to another hospital in the catering department. The appellant accepted this proposed transfer. The respondent later rescinded the proposed disciplinary action, and instead proposed action in the form of a reprimand and a transfer of the appellant to the position of a cleaner, while remaining at Graylands Hospital.

The appellant appealed to the Appeal Board under s 80I(1)(c) of the Industrial Relations Act 1979 (WA) (IR Act) and s 172 of the Health Services Act 2016 (WA) (Health Services Act), against the decision of the employer to take disciplinary action in the form of a reprimand and a transfer.

Contentions

The respondent submitted that the appellant not a public service officer for the purpose of the definition of ‘government officer,’ nor was he employed on the salaried staff of the respondent. The respondent submitted that the appellant was remunerated under the WA Health System ‑ United Workers Union (WA) ‑ Hospital Support Workers Industrial Agreement 2020 (Agreement). The respondent further asserted that the appellant’s role as a food service attendant could not be described as within the administrative or professional ranks of the public service.

The appellant contended that he had been a public servant for 41 years and relied upon his payslips which referred to a ‘salary’ to argue that he was a full‑time, salaried employee.

Findings

In determining whether the Appeal Board had jurisdiction to hear the appeal, the Appeal Board considered whether the appellant fell within s80C(1) of the IR Act, as a public service officer, or was employed on the salaried staff of a public authority

As to whether the appellant was a public service officer, the Appeal Board found that the appellant’s employment was pursuant to Part 9, s 140 of the Health Services Act. Under Part 9, s 104(3) of the Health Services Act, Part 3 of the PSMA does not apply to employees of health service providers. The Appeal Board held that the appellant was not a public service officer as defined under s 80C(1)(a) of the IR Act.

In considering whether the appellant was a salaried staff member, the Appeal Board noted that remuneration described as ‘salary’, is not conclusive to determine that a person is a salaried staff member. The Appeal Board considered that the appellant’s remuneration was determined by the terms of the Agreement, and that the nature of the appellant’s work as a food service attendant was consistent with the nature of work covered by the Agreement. The Appeal Board noted that the appellant was not involved in administrative, managerial, or technical services, and his employment did not fall under the administrative or professional ranks of the public service.

The Appeal Board found that the appellant did not have standing to bring the appeal and the appeal was dismissed.

The decision can be read here.