The Commission has dismissed a challenge to its jurisdiction to deal with a dispute regarding an employee allegedly denied higher acting duties.   

The applicant Union’s member is an Engineer employed by the respondent, who the Union alleges has unfairly denied its member opportunities to act in a higher classification. The member claims he was promised the opportunity to act up in a Level 9 Project Director’s role to cover for employees on annual leave, but this opportunity was denied to him on three separate occasions in 2023. 

The applicant contends that the member’s colleagues in similar classifications were allowed acting opportunities and received 'higher duties' pay when covering for Project Directors on leave, while the member was denied this opportunity. Seeking relief under section 44 of the Industrial Relations Act 1979, the applicant argues that the respondent's refusal constitutes unfair treatment. 

The respondent disputes the jurisdiction of the Commission to hear the dispute, citing the Public Sector Employment Standard and the Public Sector Management (Breaches of Public Sector Standards) Regulations 2005 (PSMB Regs) as governing the procedure for such matters.  

As the circumstances do not fall under the purview of the Employment Standard and the PSMB Regs, Commissioner Kucera determined that the Commission has jurisdiction to hear the dispute. The Commissioner concluded that the short-term absences the member seeks to cover do not constitute vacancies as defined by the Employment Standard and dismissed the respondent’s jurisdictional objection.

The decision can be read here. 

Decision issued Wednesday, 10 January 2024.