DISPUTE RE ALLEGED DISCIPLINARY ACTION

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES The Australian Rail, Tram and Bus Industry Union of Employees, West Australian Branch

APPLICANT

-v-

The Public Transport Authority of Western Australia

RESPONDENT

CORAM Commissioner S M Mayman

DATE friDAY, 13 MARCH 2015

FILE NO/S CR 32 OF 2014

CITATION NO. 2015 WAIRC 00234

Result Order issued

Representation

Applicant Mr C Fogliani (of counsel)

Respondent Mr D Matthews (of counsel)

Order

HAVING HEARD Mr Cory Fogliani (of counsel) of behalf of the applicant and Mr Damien Matthews (of counsel) on behalf of the respondent, the Western Australian Industrial Relations Commission (the Commission) pursuant to the powers conferred on it under the Industrial Relations Act 1979, (the Act) hereby:

1. DECLARES that Application CR 32 of 2014 The Australian Rail, Tram and Bus Industry Union of Employees, West Australian Branch v The Public Transport Authority is part dismissed on public interest grounds pursuant to s 27(1)(a) of the Act with the exception of those matters relating to:

1. whether there were reasonable grounds for the respondent to hold the belief that the applicant’s member was guilty of the misconduct alleged, having regard for the principles reflected in the Full Bench decision The Minister for Health v Drake-Brockman (2012) 92 WAIG 203;

2. procedural fairness; and

3. penalty.

2. ORDERS THAT the application, other than those aspects listed in the Declaration, be and is hereby dismissed.

3. ORDERS THAT the application be re-listed at the applicant’s and respondent’s convenience to hear submissions on the matters referred to in the Declaration.

Commissioner S M Mayman