In the substantive matter, the applicant union seeks that the Public Service Arbitrator (the Arbitrator) review the respondent’s decision to cease payment of paid sick leave for a member of the applicant union for a period of three months. The respondent applied to the Arbitrator for leave to be represented by legal counsel.

The applicant opposed the respondent's request to be represented by legal counsel, contending that there was no serious issue of law to be argued, and that the Arbitrator has the authority to review the decision under the Industrial Relations Act 1979. The respondent argued that the applicant's claim contravenes a 'no further claims' clause in the Western Australian Police Force Industrial Agreement 2022 and that the Arbitrator does not have the power to order the relief sought by the applicant. The respondent thus contended that the Arbitrator would benefit from the appearance of counsel due to the legal questions raised.

The Arbitrator determined that the respondent’s arguments regarding the ‘no further claims’ clause, the Arbitrator’s powers, and jurisdictional issues do raise substantial legal questions which would benefit from the appearance of legal counsel. Consequently, the Arbitrator granted leave for the respondent to be represented by a legal practitioner.

 The decision can be read here.