2024 WAIRC 01009
APPEAL AGAINST A DECISION OF THE COMMISSION IN MATTER NUMBER U 33/2023 GIVEN ON 18 MARCH 2024
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

FULL BENCH

CITATION : 2024 WAIRC 01009

CORAM
: CHIEF COMMISSIONER S J KENNER
COMMISSIONER T EMMANUEL
COMMISSIONER T B WALKINGTON

HEARD
:
TUESDAY, 3 DECEMBER 2024

DELIVERED : THURSDAY, 5 DECEMBER 2024

FILE NO. : FBA 9 OF 2024

BETWEEN
:
IDA PALALOI
Appellant

AND

DIRECTOR GENERAL, DEPARTMENT OF EDUCATION
Respondent

ON APPEAL FROM:
JURISDICTION : WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
CORAM : COMMISSIONER C TSANG
CITATION : 2024 WAIRC 00108
FILE NO : U 33 OF 2023

Catchwords : Industrial Law (WA) – Speaking to the minutes – Relevant principles applied – Final order issued
Legislation : Industrial Relations Act 1979 (WA) s 35, s 35(3)
Result : Appeal dismissed
REPRESENTATION:

Counsel:
APPLICANT : IN PERSON
RESPONDENT : MR M MCILWAINE OF COUNSEL
Solicitors:
RESPONDENT : STATE SOLICITOR’S OFFICE

Case(s) referred to in reasons:
The Australian Rail, Tram and Bus Industry Union of Employees, West Australian Branch v Public Transport Authority of Western Australia [2015] WAIRC 00828; (2015) 95 WAIG 1510

Further Reasons for Decision
THE FULL BENCH:
1 On 28 November 2024, the Full Bench delivered its reasons for decision and minutes of proposed order in relation to this appeal. The appeal was dismissed. Being a final decision, the order of dismissal was required to be in the form of minutes of proposed order, as provided by s 35 of the Industrial Relations Act 1979 (WA). By s 35(3) of the Act the parties are entitled to speak to the matters contained in the minutes of the proposed order of the Commission. However, the purpose of speaking to the minutes is not for a party to attempt to reargue its case, to raise further matters to that contained within the reasons for decision of the Commission, or to argue the decision was wrong. The limited purpose of a speaking to the minutes is to ensure that the proposed order is consistent with the Commission’s reasons, and not to alter its substance: The Australian Rail, Tram and Bus Industry Union of Employees, West Australian Branch v Public Transport Authority of Western Australia [2015] WAIRC 00828; (2015) 95 WAIG 1510.
2 In this matter, despite being advised of the above, the appellant filed a document dated 3 December 2024, purporting to reargue parts of her appeal and contending that aspects of the decision of the Full Bench were in error. This is not permissible. The reasons for decision of the Full Bench, holding that the appeal should be dismissed, is properly reflected in the minutes of proposed order dismissing the appeal. Accordingly, the order now issues.