The applicant brought an application under s 44 of the Industrial Relations Act 1979 (WA) to address a dispute with the respondent regarding a disciplinary process initiated against a senior firefighter. In response to a 'Please Explain' letter, alleging potential breaches of the Fire Brigades Regulations 1943 (WA) on social media, the applicant contended that the comments, directed at the respondent itself, do not violate the regulations. The applicant further argues that pursuing disciplinary action in this case is unwarranted and implies an attempt by the respondent to restrict communication between the applicant and its members.

The respondent asserted that the Commission lacks jurisdiction in this matter, invoking section 23(3)(d) of the IR Act, which restricts the Commission from regulating discipline when other legislation prescribes relevant provisions, including appeal rights. According to the respondent, Division 3 of the Fire Brigades Regulations 1943 (WA) already encompasses provisions for firefighter discipline, complete with an appeal mechanism. The applicant rebutted this by asserting that s 23(3)(d) is not applicable in this context, as the "Please Explain" letter process is distinct from the Fire Brigades Regulations, and the dispute primarily involves the applicant and its member rather than the respondent and the employee.

Commissioner Emmanuel, considering the applicant’s requests to halt disciplinary proceedings and prevent the FES Commissioner from treating the matter as a disciplinary issue under the Fire Brigades Regulations, agreed with the respondent’s position. Commissioner Emmanuel found that the applicant’s plea effectively sought the Commission to regulate discipline in the employment of its member, triggering the exclusionary effect of s 23(3)(d) of the IR Act. Consequently, Commissioner Emmanuel upheld the respondent’s objection to jurisdiction, leading to the dismissal of the application.

The decision can be read here.