The Western Australian Grain Handling Salaried Officers Association (Union of Workers) (Organisation) is an industrial organisation of employees registered under s 53 of the Industrial Relations Act 1979.

The Organisation’s members were primarily drawn from one employer, CBH Pty Ltd. During the 1990s, the organisation and CBH Pty Ltd were parties to State awards and agreements. However, since the Workplace Relations Act 1996 changes which resulted in CHB Pty Ltd being a national system employer, the State industrial instruments have not been operative and the Commission has had little involvement with the Organisation and its members. This had naturally led to a decline in the Organisation’s membership and activities.

The Organisation applied to the Registrar for the cancellation of its registration due to the significant decline in membership. The Registrar, in turn, made an application to the Commission in Court Session to cancel the Organisation's registration, citing sufficient grounds for doing so.

The grounds included the Organisation's request for cancellation and the fact that its membership was less than 200 members. The Organisation's request was made in the approved form and included a statutory declaration confirming it had 20 financial members. Additionally, a special general meeting was conducted, achieving quorum, and it was unanimously resolved to dissolve the Organisation.

After hearing counsel on behalf of the Registrar and Organisation, the Commission in Court Session made an order to cancel the Organisation's registration effective from 10 December 2024.

The decision can be read here.

In this decision, the Full Bench considered the purpose of a hearing for ‘speaking to the minutes.’

In their earlier reasons for decision in the matter FBA 9/2024, the Full Bench dismissed the appeal made by the appellant, who had been dismissed from her role as a teacher. Being a final decision, the order of dismissal was in the form of minutes of proposed order. The parties were entitled to speak to the matters contained in these minutes to ensure the order was consistent with the Full Bench's reasons, but not to reargue the case, raise further matters or argue the decision of the Full Bench were wrong.

Despite being advised of the purpose of speaking, the appellant filed a document to reargue her appeal and contend that some aspects of the decision of the Full Bench were erroneous.

The Full Bench explained that the speaking to the minutes was not an opportunity to reargue the appeal or take issue with the decision because the appellant disagreed with it.

The decision can be read here. 

The appellant has appealed the decision of her employer, the respondent, to end her acting arrangement early. The appellant, employed in a level 6 position, began an acting level 7 position for a period of 12 months. However, the respondent informed her that the acting arrangement would end approximately six months early as she was “not a good fit” for the role.

The appellant contended that the termination of her acting arrangement constituted a dismissal, arguing that the decision was harsh, oppressive, or unfair, particularly given the reason provided, which she claimed contradicted public sector employment standards. The respondent argued that the Public Service Appeal Board lacked jurisdiction to hear the appeal, asserting that the appellant was neither dismissed nor constructively dismissed, and that her employment relationship with the respondent remains ongoing.

The Appeal Board found that the termination of the acting arrangement did not amount to a dismissal, as the appellant continued to hold her substantive position. The Appeal Board noted that it could not consider the fairness of the respondent’s decision to end the acting arrangement early, given the absence of a dismissal, and dismissed the appeal.

The decision can be read here. 

NOTICE is given that an application has been made to the Commission by the Local Government, Racing And Cemeteries Employees Union (WA) under the Industrial Relations Act 1979 for the registration of the above Agreement.

The Notice can be read here.

The appellant, a school based network support officer, appealed to the Public Service Appeal Board following her dismissal by the respondent for breach of discipline. The appellant was accused of accessing without authorisation, the Departmental emails of her subordinate on the subordinate’s work phone and sending herself one of her subordinate’s confidential emails and falsifying her timesheet to conceal her actions.

An investigation carried out by the respondent prior to the appellant’s dismissal revealed inconsistencies in the appellant’s testimony and evidence, including CCTV footage showing her presence at the school at the time the email was sent. Additionally, the timesheet provided by the applicant to prove that she was not in the building at the time of the incident was found to be fabricated. The Appeal Board considered the evidence, including testimonies from various individuals and the investigation report, finding that the appellant had a history of disciplinary issues. The Appeal Board also found the appellant’s credibility had been further undermined by her dishonesty during the investigation and disciplinary process

Based on the evidence, the Appeal Board found that the complaints against the appellant were substantiated. The Appeal Board concluded that the appellant had sent the inappropriate email and had been dishonest in her attempts to cover up her actions. Accordingly, the Appeal Board found that the appellant had not demonstrated that her dismissal should be overturned and dismissed her appeal.

The decision can be read here.