The applicant lodged an application for an interpretation of clause 28 of the Department of Justice Prison Officers’ Industrial Agreement 2022, which was opposed by the respondent union, which argued that the application was improper and constituted an abuse of process because it duplicated issues already addressed in an existing case before the Industrial Magistrates Court (IMC).

The applicant contended that the application was justified and should proceed because it sought to address a general issue affecting all officers and was not merely a duplication of the IMC proceedings.

Commissioner Walkington acknowledged the respondent’s concerns regarding the potential for conflicting outcomes between the two proceedings, but determined the application should not be dismissed, as it sought to clarify obligations and prevent further litigation.

The decision can be read here.