The Commission, of its own motion, reviewed the Farm Employees’ Award, deferring certain proposed changes until after determination of Commission’s Own Motion v (Not Applicable) [2023] WAIRC 00901. These deferred matters included minimum hours for part-time employees and transitional provisions for implementing changes in the dairy industry. Orders were later made in Commission’s Own Motion v (Not Applicable) [2023] WAIRC 00912, expanding the scope of the Award to include dairy farm employees.

In light of this expansion, interested parties conferred on the adjourned matters, reaching a consensus position on issues such as minimum hours for part-time dairy farm employees and transitional provisions. This consensus aimed to balance the interests of employers and employees in the industry.

Senior Commissioner Cosentino considered the interested parties’ consensus position to strike an appropriate balance between employer and employee interests. The agreed variations, outlined in the Schedule, were deemed desirable to ensure fairness to employees while facilitating efficient work organisation within the industry. These variations included new definitions related to dairy farming and revised clauses concerning the employment relationship, particularly for part-time employees in dairying. The new clauses emphasised written agreements on work patterns and minimum engagement requirements for part-time employees in the dairy sector.

The decision can be read here.

Decision issued Monday, 25 March 2024.

The Commission has dismissed an appeal made by a police officer against his removal based on a loss of confidence by the Commissioner of Police.

The appellant was removed due to concerns about his integrity following a failure to accurately disclose his medical history in the application process to be appointed as a police officer. Despite initial assertions of fitness for duty, subsequent investigations revealed discrepancies between the appellant's disclosures during recruitment and his actual medical condition, including ongoing health issues and a history of surgeries not disclosed to WA Police.

The appellant contested his removal, alleging procedural unfairness and argued against the basis for the loss of confidence in his suitability as a police officer. Additionally, the appellant contended that as a successful police officer in the performance of his duties, it was against the public interest for him to be removed.

The Commission determined that the appellant's failure to fulfill his duty of disclosure regarding his medical history eroded the respondent's confidence in his suitability as a police officer.  Despite the appellant's arguments regarding procedural fairness and the public interest, the Commission found that the removal was justified based on the evidence and the importance of upholding the integrity and honesty required of police officers.

The Commission acknowledged the personal hardship the appellant may face due to his removal; however, it upheld the removal decision as necessary to preserve public trust in the Police Force, dismissing the appeal.

The decision can be read here. 

Decision issued Wednesday, 17 April 2024.

The Commission, of its own motion, continued proceedings to vary the Municipal Employees (Western Australia) Award 2021, specifically focusing on facilitative provisions contained in two clauses of the award. The Commission originally handed down orders in this matter in Commission’s Own Motion v (Not Applicable) [2023] WAIRC 00837.

Senior Commissioner Cosentino invited interested parties to propose variations to these clauses if they agreed they required updating. The interested parties proposed several variations to these two clauses, with some contention between the parties regarding which subclauses should be deleted entirely or reworded.

After considering the proposals made by the interested parties, the Senior Commissioner proposed orders to vary the Award by deleting clauses 18.1 to 18.5 and inserted updated subclauses in their stead and substituting clause 23.6 with a new clause consistent with the relevant provisions of the Minimum Conditions of Employment Act 1993.

The decision can be read here.

Decision issued Tuesday, 16 January 2024.

As of 1 July 2024, the maximum salary level for lodging certain claims will increase to $195,700. An employee whose contract of employment provides for a salary greater than $195,700 cannot have the Commission decide whether they have been unfairly dismissed or have been denied a benefit to which they are entitled under their contract of employment.

The previous maximum salary level was $187,800.

More information may be found here.

The Western Australian Industrial Relations Commission has increased the State Minimum Wage by a one off increase of 6.3%, which brings the State Minimum Wage to $918.60 per week from 1 July 2024. This takes into account the 2.3% increase resulting from the realignment of the C14 to the C13 classification rate in the Metal Trades (General) Award. and the 4.0% general increase. The Commission also increased award rates by 4% from that time.

The increases apply only to employees who are paid the minimum wage or award rates in the State industrial relations system. Approximately 27,000 employers and more than 300,000 employees are estimated to be affected by the decision.  

In making its decision, the Commission is required to consider a broad range of economic and labour market factors, and social and equity considerations.   

The Commission noted that in recent State Wage Cases, the focus had been on cost of living pressures given the high inflationary environment and rising interest rates in tandem with a continuing tight labour market. On this occasion, whilst over the past two years inflation measured by the Consumer Price Index has been very high, and well beyond the RBA target band of 2%-3%, the CPI rate for Perth has significantly eased from its peak of 8.6% in the December quarter 2022, to 4.1% in year end terms for the March quarter 2024. 

While the State economy remains strong, current data and the forecasts for the year ahead, are pointing to some slowing of growth, as continued elevated, although easing, inflation dampens demand and household spending continues to pull back from higher levels over the last two years.

The Reasons for Decision can be found here.

The Supplementary Reasons for Decision can be found here.

The General Order can be found here.

For more information please contact Susan Bastian, Registrar, on (08) 9420 4444.