The Full Bench permitted the Civil Service Association's amendment to the grounds of appeal, enabling the CSA to proceed with clarified challenges to the Industrial Magistrate's findings on the breach of clause 36A(4) of the Award.

The Full Bench considered the appeal by the Civil Service Association of Western Australia Incorporated (CSA) against a decision of the Industrial Magistrate's Court, which dismissed the CSA's claim that the Director General Department of Justice breached clauses 36A(4), (5), and (6) of the Public Service Award 1992. The appellant sought an amendment to its grounds of appeal.  The respondent opposed the application on the grounds of lack of specificity and a lack of prospects of success on the appeal.

The CSA's original claim before the Industrial Magistrate arose from the Director General's failure to communicate directly with the CSA regarding disciplinary matters involving two employees represented by the CSA. The Industrial Magistrate dismissed the CSA's allegations, focusing on the failure to communicate directly as outlined in clause 36A(4). The proposed amendments to the grounds of appeal aimed to challenge the Industrial Magistrate's construction of clause 36A and sought clarification on the CSA's right to be informed and involved in significant matters.

The Full Bench, in considering the application to amend, emphasised the discretionary power to grant leave and outlined factors such as the timing of the notice, the reason for seeking the amendment, the clarity of the grounds, and potential prejudice to the respondent. The CSA explained that the amendments aimed to narrow and clarify the grounds, addressing deficiencies in the original formulation. The Full Bench accepted the explanation and granted the amendment, noting that the issues raised were of general importance regarding members' representational rights. The Director General's concerns about potential prejudice were considered but not deemed sufficient to outweigh the importance of clarifying the issues in the appeal.

The decision can be read here.