The Public Service Appeal Board dismissed an appeal against the termination of a local government Chief Executive Officer. The appellant filed the appeal under s 80I(1)(c) of the Industrial Relations Act 1979, challenging his dismissal and seeking to have his resignation overturned. The Board’s preliminary issue was whether the appellant qualified as a "government officer,” a prerequisite for jurisdiction under the Act.

The Board found that the statutory definition of a "government officer," is defined under the Act as a public service officer, or as someone employed by a public authority. The appellant’s employment with the respondent did not meet these definitions as the respondent is categorised as a local government, not a public authority or public service organisation.

The Board also considered the appellant’s arguments referencing other sections of the Act, such as s 23 and s 29(1)(c), which pertain to industrial matters and the Commission’s jurisdiction over local government employees. However, the appeal was determined not to fall within the Board’s jurisdiction since the appellant did not make an unfair dismissal claim to the Commission but instead appealed directly to the Public Service Appeal Board.

Ultimately, as the Board found that the appellant did not meet the criteria to be considered a government officer under the Act, the appeal was dismissed due to lack of jurisdiction.

The decision can be read here. 

The Local Government, Racing and Cemeteries Employees Union (LGRCEU) applied to increase the Industry Allowance in the Municipal Employees (Western Australia) Award 2021 from $21.82 to $34.82 per week. The Union argued that the allowance had not been updated for a significant period and no longer reflected its intended value. The proposed increase aims to align the allowance with the Adverse Working Conditions Allowance in the Local Government Industry Award 2020.

Supported by the Western Australian Municipal, Administrative, Clerical and Services Union of Employees (WASU), the application faced no opposition. The proposed change does not affect the Award's scope or operation and meets the requirements for variation. The Union highlighted that the Industry Allowance had remained static while wage rates for key classifications had risen significantly.

The Senior Commissioner acknowledged that the Industry Allowance had not been updated and that this disparity needed to be addressed to ensure fairness within the State industrial relations system. She decided to increase the Industry Allowance to $34.82 per week, effective from the beginning of the first pay period following the Order. This adjustment aims to rectify the longstanding inequity and align the allowance with similar rates under the Modern Award.

The decision can be read here. 

On 14 September 2023, notice was given by the Commission’s Own Motion pursuant to section 40B of the Industrial Relations Act 1979 (WA) of the Commission’s intention to vary the Theatrical Employees (Perth Theatre Trust) Award 1983.

A hearing for the purpose of affording interested persons an opportunity to be heard in relation to the proposed variations was held on Thursday, 12 October 2023 at 10:00 am . Further variations have been prepared by the parties on and following the 12 October 2023 hearing.

The revised variations are published in the annexed table. A further hearing for the purpose of affording interested persons an opportunity to be heard in relation to the revised variations will be held at the Commission, Level 18, 111 St Georges Terrace, Perth on Friday, 20 September 2024 at 10:30 am.

The full Notice can be read here.

NOTICE is given by the Commission’s Own Motion pursuant to section 37D of the Industrial Relations Act 1979 (WA) of the Commission’s intention to vary the scope of the Hairdressers Award 1989.

A hearing for the purpose of affording interested persons an opportunity to be heard in relation to the proposed variations will be held at the Commission, Level 18, 111 St Georges Terrace Perth on Friday, 16 August 2024 at 10:30 am.

The full Notice can be read here.

NOTICE is given by the Commission’s Own Motion pursuant to section 37D of the Industrial Relations Act 1979 (WA) of the Commission’s intention to vary the scope of the Clerks (Unions and Labor Movement) Award 2004.

A hearing for the purpose of affording interested persons an opportunity to be heard in relation to the proposed variations will be held at the Commission, Level 18, 111 St Georges Terrace Perth on Friday, 13 September 2024 at 10:30 am.

The full Notice can be read here.