A decision of the Public Service Appeal Board  is not a decision of the Commission constituted by a Commissioner.

The appellant file an appeal under s 49(2) of the Industrial Relations Act 1979 (WA) from a decision of the Public Service Appeal Board dismissing his appeal from PSAB 60 of 2022.  The following day, the respondent filed an application that the appeal should be dismissed, as not being within the jurisdiction of the Full Bench under s 49 of the Act.

The Full Bench dismissed the appeal because decision of the Appeal Board is not a decision of ‘the Commission constituted by a Commissioner’, for the purposes of s 49(1) of the Act.  Therefore, under s 49(2) of the Act, no appeal was being brought from ‘any decision of the Commission’. 

The decision can be read here.