INTERPRETATION OF THE DEPARTMENT OF JUSTICE PRISON OFFICERS' INDUSTRIAL AGREEMENT 2020 AND THE MINIMUM CONDITIONS OF EMPLOYMENT ACT 1993

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Minister for Corrective Services

APPLICANT

-v-

Western Australian Prison Officers' Union of Workers

RESPONDENT

CORAM Senior Commissioner R Cosentino

DATE WEDNESday, 22 November 2023

FILE NO. APPL 63 OF 2023

CITATION NO. 2023 WAIRC 00919

Result Declaration issued

Representation 

Applicant Mr C Arnold of counsel

Respondent Mr C Fordham of counsel

Declaration

HAVING heard from Mr C Arnold of counsel on behalf of the applicant and Mr C Fordham of counsel on behalf of the respondent, the Commission, pursuant to the powers conferred on it by the Industrial Relations Act 1979 (WA), hereby declares –

1. THAT the answer to the following question:

‘Does clause 36 of the Department of Justice Prison Officers’ Industrial Agreement 2020 apply to overpayments which were not the result of a "payment error" of the Employer (i.e. Officer Induced Overpayments)?’

is ‘yes’.

2. THAT on a true interpretation of subclause 36.4(b) of the Department of Justice Prison Officers’ Industrial Agreement 2020, it is not a precondition to deduction of overpayments that there be a rate agreed in writing between the Employer and the Officer.

Senior Commissioner R Cosentino