As of 1 January 2023, all local government employers and employees will be covered by the State industrial relations system. 

The State and federal governments have now taken the necessary steps so that local government employers in WA are declared not to be national system employers for the purposes of the Fair Work Act 2009 (Cth). 

The effect of this is that all local government employers and employees will be within the jurisdiction of the State industrial relations system for all industrial matters including employment disputes, awards or agreements. These matters will be dealt with by the Western Australian Industrial Relations Commission. Matters involving enforcement of industrial instruments will be dealt with by the Industrial Magistrate's Court.

For more information on common applications, please refer to the information under the Employees and Employers heading on the Commission’s website. The Commission also has a range of Fact Sheets and Practice Notes that provide general information on the processes of the Commission. 

Further information on claims before the Industrial Magistrate’s Court can be found here.

The Registrar has given notice of an application by The Australian Rail, Tram and Bus Industry Union of Employees, West Australian Branch to the Commission in Court Session to alter its registered rules pursuant to section 62 of the Industrial Relations Act 1979 (WA). The application includes a proposal to change the union’s name and eligibility for membership.

The matter will be heard by the Commission in Court Session at 2:30pm on Friday, 10 February 2023.

Any person or organisation with sufficient interest may give notice of objection to the application within 21 days of publication of the notice. A copy of the proposed rule alterations may be inspected in the Registry on Level 17, 111 St Georges Terrace.

The full notice can be read here.

The Chief Commissioner has ordered the discovery of documents relating to a union’s officeholder elections, after a member alleged that there were irregularities in the conduct of the election.

Background

The applicant is a member of the Australian Nursing Federation, Industrial Union of Workers Perth. The applicant, who was an unsuccessful candidate for the position of Secretary, complained there were election conduct irregularities. An application was brought against the Union as the first respondent, the Returning Officer, Western Australian Electoral Commission as the second respondent, and the Registrar, Western Australian Industrial Relations Commission as the third respondent.

Contentions

The applicant contended that there was insufficient time for members to return their ballots by the election closing date, especially those living in regional or remote areas. The applicant contended that there were discrepancies between the roll of voters for the election and the first respondent’s membership records. The applicant contended that this materially affected the outcome by preventing or hindering the full and free recording of votes and the correct ascertainment or declaration of the results of the election. The applicant contended the requested documents were too broad.

The first respondent objected to the discovery of the roll of electors and the register of its members, as this would prejudice the privacy and security of confidential information in the records. The first respondent contended that no orders should be made for discovery and inspection, until further particulars were furnished by the applicant in relation to various aspects of her application. The first respondent opposed the contentions of the applicant in relation to the conduct of the election.

The third respondent contended that her status should be changed to that of an intervener, and that the Registrar’s role under the Act was to facilitate, rather than to conduct, the election, and it would not be appropriate for her to be a protagonist in the proceedings.  The third respondent contended that the correspondence requested could bring into play other proceedings involving the first and third respondent.

Findings

The Chief Commissioner found that the centrality of the allegations involving the roll of electors and the member register, along with member names and addresses, meant that it was axiomatic that the discovery and inspection of the records was just, as a matter or equity, good conscience, and the substantial merits of the case.

The Chief Commissioner found that the applicant could access the records and that access should not be limited to the applicant’s solicitors and counsel. The Chief Commissioner found that any potential insecurity of the documents being provided in electronic form were not a basis to refuse production of the documents.

The Chief Commissioner issued orders for discovery of documents, and ordered that the third respondent’s status be amended to that of an intervenor.

The decision can be read here.

The Industrial Magistrate has dismissed a teacher’s claim for alleged breaches of his Agreement and contraventions of the Fair Work Act 2009, finding that he was classified and paid correctly in his employment.

Background

The claimant was a teacher employed by the first respondent school, at which the second respondent was the Principal. The claimant alleged breaches of his Agreement and contraventions of the Fair Work Act 2009, and sought unpaid salary, superannuation, interest, and penalties.

Contentions

The claimant contended that he was paid incorrectly and that on commencement his salary should have been assessed at Step 11 and not Step 7. The claimant contended he had 6.85 years of relevant experience meant he should be classified as a ‘Four Years Trained Teacher’ or ‘Five Years Trained Teacher’ under the Agreement, and that the first respondent was required to progress him to the next step on a certain date, then every 12 months.. The claimant contended that the Agreement should be read with the Award, the national teaching standards and registration framework set by the Australian Institute for Teaching and School Leadership (AITSL Framework).

The respondents contended that the AITSL Framework and Award did not affect the Agreement’s interpretation, and that both respondents complied with starting salary obligations under the Agreement. The respondents contended that the claimant was above the Agreement, and that the claimant’s salary was determined fairly and reasonably, based upon information available at the time. The respondents contended that they increased the claimant’s wage when required, pursuant to the Agreement, and that cl 3.4 expressly excluded the application of any other industrial instrument including the Award that might otherwise apply.

Findings

The Industrial Magistrate found that the claimant had not completed the relevant education and training requirements to be classified as a four or five years trained teacher. The Industrial Magistrate found that this was supported by the National Office of Overseas Skills Recognition’s assessment of the claimant’s overseas qualifications. The Industrial Magistrate found that the Teacher Registration Board of Western Australia had not determined the claimant had the qualifications required. The Industrial Magistrate found that the claimant was a ‘Not otherwise classified’ teacher, meaning the claimant was to commence on Step 1, progressing a step each year of full-time work.

The Industrial Magistrate found that while the second respondent was incorrect in his calculation of the claimant’s experience by 0.81 years, that no salary adjustment was required as this would not have qualified the claimant to receive any more than a Step 3 salary. The Industrial Magistrate found that the claimant was paid more than required under the Agreement; that no liability arose with respect to underpayment; and that it was unnecessary to make an assessment regarding the second respondent’s liability. The Industrial Magistrate dismissed the claim.

The decision can be read here.