The applicant applied to the Commission under s 44 of the Industrial Relations Act 1979 (WA) seeking a determination of an industrial dispute concerning the respondent’s decision to cease granting paid sick leave to one of the applicant’s members, a non-commissioned police officer. The member commenced paid sick leave in October 2022 and, after periods of attempted graduated return to work and further incapacity, the respondent decided in February 2024 to cease paid sick leave for three months. Paid sick leave was reinstated in April 2024 when the respondent commenced a medical retirement process, leaving an intervening period during which the member was on unpaid sick leave. 

Commissioner Walkington addressed the respondent’s preliminary objection that the application contravened a “no further claims” clause in the applicable industrial agreement, which operated during the relevant period during the member’s sick leave. Although the applicant framed the matter as a review of the exercise of discretion to grant paid sick leave under the relevant regulatory and agreement provisions, the Commissioner found that the relief sought would, in substance, prescribe criteria for the future exercise of that discretion and thereby materially vary the agreed terms and conditions. Having regard to authority on the scope of “further claims” clauses and the public interest in holding parties to their industrial bargains, Commissioner Walkington concluded it would be inconsistent with equity, good conscience, and the objects of the legislation for the Commission to entertain the claim. In light of that conclusion, it was unnecessary to determine the industrial fairness of the respondent’s decision or the Commission’s power to grant the substantive relief sought. 

The Commissioner held that the application was pursued in contravention of the no further claims clause and should be dismissed in the public interest. In light of that conclusion, it was unnecessary to determine whether the respondent’s decision to cease paid sick leave was industrially unfair on the merits, or whether the Commission otherwise had power to grant the specific relief sought. Accordingly, the application was dismissed. 

The decision can be read here.