The applicant commenced a referral of an unfair dismissal application in the WAIRC, seeking reinstatement to her position as Chief Executive Officer with the respondent.  The applicant had concurrently initiated judicial review proceedings in the Supreme Court of Western Australia, challenging the respondent’s decision to terminate her employment. The applicant alleges the decision of the respondent was legally invalid due to a breach of natural justice, lack of evidence in justifying the decision, an absence of power to make the decision under the Local Government Act 1995 (WA), and a failure to follow legal procedures. 
The applicant subsequently requested that the Commission adjourn, postpone or stay the existing unfair dismissal application until the judicial review proceedings were determined.  
In responding to the applicant’s stay application, the respondent argued the Commission lacked jurisdiction to hear the matter due to the absence of a valid dismissal, and that the applicant’s conduct in maintaining both the unfair dismissal application and judicial review proceedings would amount to an abuse of process. 
Senior Commissioner Cosentino considered whether there was power to stay the proceedings pursuant to s 27 of the Industrial Relations Act 1979 (WA), and whether to exercise discretion to grant the stay application. Factors considered included whether the applicant’s conduct amounted to an abuse of process, the effect of the judicial review proceedings on the unfair dismissal application and avoiding multiple proceedings on similar issues. 
Senior Commissioner Cosentino concluded that the applicant’s alternative claims did not constitute an abuse of process, as the actions in each sought different remedies.  Further, the Senior Commissioner concluded that the judicial proceedings could resolve the matter in the first instance, and therefore staying the unfair dismissal proceedings would be appropriate.  Accordingly, the stay was granted.

The decision can be read here. 

The applicant union commenced proceedings seeking declarations under s 52A of the Industrial Relations Act 1979 (WA) confirming the applicant’s federal counterpart, and seeking a certificate under s 71 of the Act, allowing persons elected to office in the applicant’s Federal branch to be taken as elected to the corresponding office in the applicant, without the need for a separate State election.
These proceedings follow a series of other matters which were outlined in a 2024 decision of the Commission in Court Session, in which the applicant union filed an application under s 62 of the Act for an alteration of the applicant’s rules in relation to its eligibility for membership.  In those proceedings, the Commission in Court granted the applications.  
As a result of these earlier proceedings the present application was brought, seeking a fresh s 71 certificate.  The application was accompanied by a statutory declaration made by the Secretary of the applicant, which set out a comparison, in table form, of the offices of the applicant and the Federal branch.  
The Commission in Court Session considered the provisions under sections 52A, 71(2), and 71(4) of the Act, and were satisfied that the rules of the applicant and the Federal branch in relation to qualifications of persons for membership were substantially the same, meeting the requirements of section 71(2) of the Act. Comparing the functions and powers of the respective offices, the Commission was satisfied that for each office in the applicant union, there was a corresponding office in the federal branch with sufficiently similar powers and duties. The Commission in Court Session was satisfied that the relevant conditions were met under ss 71(2) and (4) of the Act and made declarations accordingly.

The decision can be read here. 

NOTICE is given that an application has been made to the Commission by the City Of Subiaco under the Industrial Relations Act 1979 for the registration of the above Agreement.

The Notice can be read here.

NOTICE is given that an application has been made to the Commission by the City Of Melville under the Industrial Relations Act 1979 for the registration of the above Agreement.

The Notice can be read here.

NOTICE is given that the Commission in Court Session will hear matter CICS 2 of 2025 on Thursday, 12 June 2025 at 10:00 AM (AWST).

This is an application on the Commission's own motion to rescind Location Allowance General Order 2 of 2024 and issue a new Location Allowance General Order pursuant to section 50 of the Industrial Relations Act 1979.

The full Notice can be read here.