Archive: Jul 27, 2020, 12:00 AM

Correct interpretation of dispute resolution clause of industrial agreement declared

The Commission has declared that the correct interpretation of the dispute resolution provisions set out in the Department of Justice Prison Officers’ Industrial Agreement 2018 (Agreement) is that they are limited to disputes about the meaning and effect of the Agreement or the Minimum Conditions of Employment Act 1993 (WA).

The applicant, the Western Australian Prison Officers’ Union of Workers, and the respondent, the Minister for Corrective Services, are parties to the Agreement.

The applicant contended that the dispute resolution provisions of the Agreement, including the key provision of cl 176.2, should be constructed broadly to apply to all questions or disputes arising between the parties.

The respondent argued that the provisions are limited to those disputes about the meaning and effect of the Agreement or the Minimum Conditions of Employment Act 1993 (WA).

Senior Commission Kenner found that on a strict interpretative basis, even applying a generous approach, taking the language used in cl 176, he preferred the position adopted in the respondent’s submissions.

Kenner SC found, in its ordinary and natural meaning, the words in cl 176.2 that “Any question or dispute that arises between the parties regarding the meaning and effect of this Agreement… will be resolved” are narrow in scope and only seek to confine matters that are the subject of formal dispute resolution processes.

The Commission has issued a declaration to this effect.

The decision can be read here.

Extension of COVID-19 General Order

On 14 April 2020, the Commission issued a General Order under s 50 Industrial Relations Act 1979 (WA) amidst the COVID-19 pandemic that allowed state system employees to take unpaid pandemic leave, annual leave on half-pay and annual leave in advance. The General Order can be read here.

This General Order provided flexible leave arrangements during the current circumstances of the COVID-19 pandemic. The General Order was due to expire on the 31 July 2020 and was subject to review either at the Commission’s initiatives or an application.

The Commission has issued an order extending the operation of the General Order setting out “Provisions Relating to the COVID-19 Pandemic” to 31 March 2021.

The Commission in Court Session undertook a review of the General Order and heard from the Minister, the Chamber of Commerce and Industry, and UnionsWA. It was agreed that, in the current circumstances of the COVID-19 Pandemic and its effects on businesses and employment, and the continuing uncertainty it has generated, the operation of the General Order should continue until 31 March 2021.

The Commission issued the order on 29 July 2020.

The order can be read here.