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

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. 

Return to top of page

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 jobA claim to have an employee’s classification level or position title reviewed by the Public Service Arbitrator.

Redundancy: A claim against a decision of an employer regarding the termination of an employee’s employment while they are formally registered for redeployment, retraining or redundancy 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.

Return to top of page

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

Return to top of page

Applicants who are employee, employer and industry associations

Registration of new organisation: An application to the Registrar to be registered with the Commission.

Amalgamation of organisations: An application to the Full Bench 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 authority: The Secretary of a registered organisation may make an application for the Registrar to issue an authority to a nominated person permitting them to enter, during work hours, any premises where relevant employees work.

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.

Return to top of page

Applicants who are apprentices/trainees

Appeal against a decision regarding cancellation or termination of an apprenticeship or traineeship: 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.

Return to top of page

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.

Return to top of page

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.

Return to top of page

Applications to the Occupational Safety and Health Tribunal

Review of decisions of the Commissioner of Occupational Safety and Health: Certain people can refer certain matters in relation to occupational health and safety at Western Australian workplaces under these three acts:

Return to top of page

Applications for the review of a decision of certain jurisdictions

It may be possible to appeal a decision made by the:

  • Commission;
  • Public Service Arbitrator;
  • Occupational Safety and Health Tribunal;
  • Road Freight Transport Industry Tribunal; or
  • Industrial Magistrates Court.

Return to top of page