Commission considers scope of jurisdiction under new provisions about matters relating to public sector employment
In these proceedings, the applicant invoked the new provisions of the Industrial Relations Act 1979 (WA) about referrals of public sector employment matters to challenge three decisions made by her employer: a permanent transfer to a new role, refusal of leave without pay (LWOP), and the blocking of her internal grievance process. She argued that each decision involved a misinterpretation and misapplication of statutory provisions under the Public Sector Management Act 1994 (PSM Act), specifically those relating to fair treatment, suitability, procedural fairness, and grievance resolution.
The respondent maintained that the Commission’s jurisdiction under s 36AA(2)(b) is limited to disputes about the interpretation of a “conditions of service provision” under the PSM Act. It argued that the applicant’s grievances related to the application of statutory principles, not their interpretation, and that the LWOP decision was made under the Award, which does not invoke the Commission’s jurisdiction.
Commissioner Tsang noted that for jurisdiction to be established under s 36AA(2)(b) of the Industrial Relations Act 1979 (WA), the dispute must relate to the interpretation of a “conditions of service provision” under the PSM Act, not merely dissatisfaction with how discretion was exercised. The Commissioner determined that the applicant’s grievances were about the application of statutory principles to her circumstances, rather than a genuine dispute over the meaning of those provisions.
As a result, the application was dismissed for want of jurisdiction.
The decision can be read here.