The City of Joondalup (the City) and the Western Australian Municipal, Administrative, Clerical and Services Union of Employees (WASU) applied to the Commission under s 42G of the Industrial Relations Act 1979 (IR Act) to register a new industrial agreement called the City of Joondalup Inside Workforce Industrial Agreement 2022, to cover the City’s inside workforce.  

The parties had reached an agreement on all terms except for the percentage of annual wage increases to be applied in 2022, 2023, and 2024, and whether a cap should be applied to the maximum total contribution to superannuation paid by the employer where an employee makes voluntary superannuation contributions. The applicants sought registration of the agreement in the terms the parties had agreed upon, together with any other provisions as ordered by the Commission.

The City proposed a 4% annual wage increase for three years, totalling 12%. The City argued this proposal was comparative to other local governments, wage price index changes and within the City’s capacity to pay. For contributions to superannuation, the City proposed maintaining the existing caps of 15.5% and 14.5% for employees hired before and after 26 March 2002, respectively.

WASU sought higher increases of 7.6% from 1 July 2022, 6% from 1 July 2023, and 6% from 1 July 2024, totalling 19.6%. It justified its claim based on a missed wage increase during the COVID-19 pandemic  in 2020, high increases in the cost of living, and the employer’s ability to afford the increases. For superannuation, it proposed removing the existing cap, effectively increasing the maximum contribution to 17% and 18%.

After considering all of the evidence presented over the course of the hearing, Senior Commissioner Cosentino concluded that employees were entitled to a pay increase which took into account a ‘good will credit’ resulting from an earlier agreement to a wage freeze in 2020. The Senior Commissioner was not persuaded that the cap on superannuation matching contributions should be removed. The Senior Commissioner Cosentino ordered that the City of Joondalup Inside Workforce Agreement 2022 include:

• Wage increases of 5% from 1 July 2022, 4.5% from 1 July 2023, and 4% from 1 July 2024.
• Voluntary superannuation contribution matching up to a maximum of 3% of the employee's ordinary time earnings.

The decision can be read here. 

The appellant was employed as a teacher with the respondent. She commenced employment with the respondent in January 2023, subject to a 12-month probationary period. Her employment was terminated in May 2023 due to allegations of inappropriate conduct towards students, including an incident where she allegedly pushed and kicked a chair at a student.

The appellant filed an unfair dismissal application with the Commission seeking reinstatement.

The respondent applied for summary dismissal of the unfair dismissal claim, because of an allegation that the appellant had engaged in improper communication with a former student and potential witness.

Commissioner Tsang granted summary dismissal, finding that the appellant's text messages to a witness were intimidatory and had the potential to interfere with the administration of justice.

The appellant appealed the Commissioner's decision to the Full Bench of the Commission. The Full Bench found that the appellant knew she was communicating with a potential witness, by sending text messages that were intended to influence, threaten, and intimidate, which constituted an attempt to interfere with the administration of justice. In these circumstances, the Full Bench affirmed the Commission’s discretionary power to summarily dismiss a claim for a party’s abuse of the Commission’s process.

The appellant then appealed to the Industrial Appeal Court, arguing that the Full Bench's decision was in excess of jurisdiction, erroneous in law, and a denial of her right to be heard. The Industrial Appeal Court dismissed the appeal, finding no merit in the appellant's grounds, and that the appellant’s right to be heard was not denied by the Full Bench. The Industrial Appeal Court concluded that the Full Bench's decision was correct and that the appellant's actions justified the dismissal of her unfair dismissal application.

The decision can be read here. 

NOTICE is given than an application has been made to the Commission by the Shire of Mundaring and United Workers Union (WA) under the Industrial Relations Act 1979 (WA) 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 secretary of the The Construction, Forestry, Mining and Energy Union of Workers under section 49N(1) of the Industrial Relations Act 1979 (WA) for a right of entry permit to be issued to Mr Michael Buchan.

The notice can be read here.

NOTICE is given that an application has been made to the Commission by the secretary of the United Workers Union (WA) under section 49N(1) of the Industrial Relations Act 1979 (WA) for a right of entry permit to be issued to Mr Darren Roberts.

The notice can be read here.