Types of matters
Depending on who you are, the Commission and its relevant jurisdictions may hear and determine the following types of matters:
- Applicants who are employees in the private sector
- Applicants who are employees in the public sector
- Applicants who are unions/employers
- Applicants who are employee, employer and industry associations
- Applicants who are apprentices/trainees
- Applications to the Road Freight Transport Industry Tribunal
- Applications for a review of a decision of the Construction Industry Portable Paid Long Service Leave Board
- Applications to the Work Health and Safety Tribunal
- Applications to the Police Compensation Tribunal
- Applications for the review of a decision of certain jurisdictions
Applicants who are employees in the private sector
Unfair dismissal: A claim where an employer ends an employee’s employment in circumstances that are harsh, oppressive or unfair.
Denied contractual benefits: An employee or former employee may make a claim that they are entitled to a benefit under their employment contract which has been denied by their employer.
Stop bullying: A worker who has been bullied at work and is at risk of future bullying occurring, may apply for an order to prevent further bullying at work.
Sexual harassment applications and referrals: An application for a stop sexual harassment order and/or a sexual harassment referral can be made when a person has been sexually harassed in connection with work and is seeking the Commission’s assistance. This includes where a person is seeking that the Commission make an order to stop further sexual harassment in connection with work and/or that the Commission make an order for the payment of money, a declaration or other orders as appropriate to remedy the sexual harassment. The Commission cannot make an order for compensation in applications for a stop sexual harassment order only.
Flexible working arrangement dispute: An application for when an employee and their employer are in dispute about a request for a flexible working arrangement.
Applicants who are employees in the public sector
Dismissal/removal from office: A claim made by a police officer, prison officer or youth custodial officer against their removal from office in circumstances where the removal has been harsh, oppressive or unfair.
Misconduct/breach of discipline: A claim against a decision of an employer regarding a finding that an employee has committed a breach of discipline.
Classification of job: A claim relating to the reclassification of an office held by a government officer.
Redundancy: A claim against a decision of an employer relating to redeployment, retraining or redundancy and a decision made or purported to be made under the Public Sector Management (Redeployment and Redundancy) Regulations 2014 (WA).
Suspension: A claim against the decision of an employer to suspend an employee, pending a decision regarding a breach of discipline or the determination of a criminal charge.
Stop bullying: A worker who has been bullied at work and is at risk of future bullying occurring, may apply for an order to prevent further bullying at work.
Sexual harassment applications and referrals: An application for a stop sexual harassment order and/or a sexual harassment referral can be made when a person has been sexually harassed in connection with work and is seeking the Commission’s assistance. This includes where a person is seeking that the Commission make an order to stop further sexual harassment in connection with work and/or that the Commission make an order for the payment of money, a declaration or other orders as appropriate to remedy the sexual harassment. The Commission cannot make an order for compensation in applications for a stop sexual harassment order only.
Flexible working arrangement dispute: An application for when an employee and their employer are in dispute about a request for a flexible working arrangement.
Applicants who are unions/employers
Any industrial matter including:
- Dismissal of an employee
- Disciplinary action against an employee, including suspension, reduction in classification, transfer
- Rosters
- Calculation of wages/allowances
- Claim for increased rates of pay/improved conditions of service
- Consultation about change in the employer's organisation
- Redundancies
- Use of fixed term and casual engagements
- Industrial action by a union
- Union activity in the workplace
- Other party refusing to bargain for an industrial agreement
- Disputes about the interpretation of awards/agreements
- Hours of work
- Leave entitlements and arrangements
- Registration of industrial agreements between unions and employers
Applicants who are employee, employer organisations and associations
Registration of new organisation: An application to the Commission in Court Session to authorise the Registrar to register the organisation with the Commission.
Amalgamation of organisations: An application to the Commission in Court Session to register a new organisation by amalgamation of two or more organisations.
Amendments to registered rules: Registered organisations can make an application to alter its rules. Either the Registrar or the Full Bench will consider the application, depending on the nature of the alterations sought.
Conduct of elections: A request for an election for office holders must be made to the Registrar, unless stated otherwise in the organisation’s rules.
Challenges to governance of union: On an application under section 66 of the Industrial Relations Act 1979 (WA), the Chief Commissioner may make an order or give directions about the rules of a registered organisation or compliance with these rules. Applications can be made by current or former members of the organisation, people who are denied membership, or the Registrar.
Right of entry: A secretary of an organisation of employees can apply to the Commission to have a right of entry permit issued to an office holder or employee of the organisation.
Relationship with national union: A registered organisation may seek a section 71 certificate, issued by the Registrar of the Commission, to assist in the efficient administration and coordination of its function and duties with its counterpart Federal body.
Applicants who are apprentices/trainees
An apprentice/trainee can make an appeal to the Commission against the decision of the Chief Executive Officer of the Department of Training and Workforce Development to cancel or terminate their training contract.
Applications to the Road Freight Transport Industry Tribunal
Parties to an owner-driver contract, transport associations, industrial inspectors or the Minister for Transport may be eligible to make a claim regarding a dispute about an owner-driver contract, including:
- Disputes arising under or in relation to the terms of an owner-driver agreement;
- Disputes arising under or in relation to the Owner-Drivers (Contracts and Disputes) Act 2007 (WA) (OD Act) and the code of conduct and breaches of the OD Act and the code of conduct; and
- Matters arising in relation to the conduct of joint negotiations for an owner-driver contract.
Applications for a review of a decision of the Construction Industry Portable Paid Long Service Leave Board
Employees: Employees may seek a review of a decision of the Construction Industry Long Service Leave Payments Board concerning the registration of employees/employers or the assessment and/or payment of long service leave entitlements.
Employers: Employers may seek a review of a decision of the Construction Industry Long Service Leave Payments Board concerning the registration of employees/employers or the assessment and/or payment of long service leave entitlements.
Applications to the Work Health and Safety Tribunal
Certain parties can apply for certain matters to be heard in relation to work health and safety at Western Australian workplaces under the Work Health and Safety Act 2020.
Applications to the Police Compensation Tribunal
A member who has been retired on medical grounds may dispute the outcome of an assessment arranged by the Police Commissioner to determine the medically retired member’s degree of permanent impairment; qualification for compensation for permanent total incapacity; or the amount of compensation that has been determined for permanent total incapacity.
In some circumstances, a person may lodge a dispute on behalf of a medically retired member who is incapable of disputing the matter themselves.
Applications for the review of a decision of certain jurisdictions
It may be possible to appeal a decision made by the:
- Commission;
- Work Health and Safety Tribunal;
- Road Freight Transport Industry Tribunal; or
- Industrial Magistrates Court.