NOTICE is given that an application has been made to the Commission in Court Session by UnionsWA under section 50 of the Industrial Relations Act 1979 (WA). The application by UnionsWA is for a General Order to provide that all employees covered by an award, an industrial agreement, an enterprise order, or an employer-employee agreement under the Industrial Relations Act 1979 (WA) that provides for a higher rate of pay for working on a defined public holiday specified in that industrial instrument shall also be paid that higher rate of pay when working on any recognised public holiday pursuant to the Minimum Conditions of Employment Act 1993 (WA) or the Public and Bank Holidays Act 1972 (WA).

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This Practice Note 1 of 2023 replaces Practice Note 6 of 2021, issued on 23 March 2021.

Practice Note 1 of 2023 is issued by The Western Australian Industrial Relations Commission (the Commission). This Practice Note has application in proceedings before the Commission which are constituted by a Full Bench and its presiding Commissioner; the Commission in Court Session; the Commission constituted to hear and determine appeals under s 106 of the Prisons Act 1981; s 11CH of the Young Offenders Act 1994; and s 33P and s 33ZI of the Police Act 1892; or the Chief Commissioner sitting alone, where the parties are represented by legal practitioners or agents.

 In accordance with s 113(1) of the Industrial Relations Act 1979 (the IR Act) and reg 39(3) of the Industrial Relations Commission Regulations 2005 (the Regulations), Practice Note 1 of 2023 is effective 14 days after the date of its publication in the Western Australian Industrial Gazette, being 22 February 2023, and remains in force until such time as it is replaced.

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All the Commission's Practice Notes can be found here.