Interim order for continuation of employment dismissed
- Created: 07 November 2019
The Public Service Arbitrator has dismissed an application for interim relief, brought under section 44(6)(ba)(iii) of the Industrial Relations Act 1979 (WA), and made by the Civil Service Association (Inc.) on behalf of its member. The substantive claim sought that the member's employment be converted from fixed term to permanent in accordance with the Commissioner's Instruction No. 23. The applicant's interim application, made in the course of a compulsory conference, claimed that there was a material misunderstanding by the respondent of the facts or the existence of erroneous records, and, that the grant of this order would encourage the parties to exchange or divulge attitudes or information that would, in some way, result in settlement of the matter.
Section 44(6)(ba)(iii) sets out the Commission's powers at or in relation to a compulsory conference and states:
"(ba) with respect to industrial matters, give such directions and make such orders as will in the opinion of the Commission —
(iii) encourage the parties to exchange or divulge attitudes or information which in the opinion of the Commission would assist in the resolution of the matter in question…"
For the interim order sought to be made out, the applicant was required to establish how the criterion outlined in s 44(6)(ba)(iii) was met and how the Commission could reach the requisite opinion. The Arbitrator considered that there was nothing in the submissions to satisfy how the grant of an extension in the member's employment relationship would demonstrate the s 44(6)(ba)(iii) criteria. Further, the Arbitrator found that there was no suggestion made that would enable him to form the requisite opinion that the respondent had not been prepared to divulge information or exchange attitudes in relation to the matters in dispute.
The Arbitrator consequently dismissed the application for interim orders.
The decision can be read here.