Minister for Corrective Services -v- Western Australian Prison Officers' Union of Workers

Document Type: Order

Matter Number: APPL 1/2024

Matter Description: Interpretation of the Department of Justice Prison Officers' Industrial Agreement 2022

Industry: Correction

Jurisdiction: Single Commissioner

Member/Magistrate name: Commissioner T B Walkington

Delivery Date: 14 Apr 2025

Result: Declaration issued

Citation: 2025 WAIRC 00243

WAIG Reference:

DOCX | 26kB
2025 WAIRC 00243
INTERPRETATION OF THE DEPARTMENT OF JUSTICE PRISON OFFICERS' INDUSTRIAL AGREEMENT 2022
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES MINISTER FOR CORRECTIVE SERVICES
APPLICANT
-V-
WESTERN AUSTRALIAN PRISON OFFICERS' UNION OF WORKERS
RESPONDENT
CORAM COMMISSIONER T B WALKINGTON
DATE MONDAY, 14 APRIL 2025
FILE NO. APPL 1 OF 2024
CITATION NO. 2025 WAIRC 00243

Result Declaration issued

Representation
APPLICANT MR M MCILWAINE (OF COUNSEL)

RESPONDENT MR D STOJANOSKI (OF COUNSEL)


Declaration


HAVING heard from Mr McIlwaine on behalf of the applicant and Mr Stojanoski on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA), hereby declares —

THAT on its true interpretation the overtime provisions in clause 28, titled “Minimum Time off Duty when Overtime is Worked”, of the Department of Justice Prison Officers’ Industrial Agreement 2022, do not require the Applicant to provide Officers a 12 hour break where they have voluntarily worked Overtime following a 12 hour shift.


COMMISSIONER T B WALKINGTON
Minister for Corrective Services -v- Western Australian Prison Officers' Union of Workers

INTERPRETATION OF THE DEPARTMENT OF JUSTICE PRISON OFFICERS' INDUSTRIAL AGREEMENT 2022

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

PARTIES Minister for Corrective Services

APPLICANT

-v-

Western Australian Prison Officers' Union of Workers

RESPONDENT

CORAM Commissioner T B Walkington

DATE Monday, 14 April 2025

FILE NO. APPL 1 OF 2024

CITATION NO. 2025 WAIRC 00243

 

Result Declaration issued

 


Representation 

Applicant Mr M McIlwaine (of counsel)

 

Respondent Mr D Stojanoski (of counsel)

 

 

Declaration

 

 

HAVING heard from Mr McIlwaine on behalf of the applicant and Mr Stojanoski on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA), hereby declares —

 

 THAT on its true interpretation the overtime provisions in clause 28, titled “Minimum Time off Duty when Overtime is Worked”, of the Department of Justice Prison Officers’ Industrial Agreement 2022, do not require the Applicant to provide Officers a 12 hour break where they have voluntarily worked Overtime following a 12 hour shift.

 

 

Commissioner T B Walkington