WAIRC appeals


WAIRC appeals

Some recent cases by appellate benches of the Western Australian Industrial Relations Commission are noted below.


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Some recent cases by appellate benches of the Western Australian Industrial Relations Commission are noted below. 

Full texts of these decisions can be accessed on the WAIRC website.

Job transfer did not create a new job

The transfer of a librarian at a university from one library to another did not constitute ‘a transfer to another job’ for the purpose of her contract of employment or relevant legislation.

The Full Bench also noted that the entitlements pursuant to the Minimum Conditions of Employment Act 1993 was enforceable only in Industrial Courts.

There was no transfer to another job, merely to another 'location'. The question was whether a transfer to another library, which was part of the same operation on the university campus, on the same terms and conditions with the same duty statements supervised as one group of eleven units with no significant difference in their modus operandi on the university campus site was a transfer to another job.

The Bench held that it was perfectly clear that the job was the same.

See: Julie Brown v The University of Western Australia - FB of IRC - 20 January 2004.

Travel and accommodation 

As there was no provision in an award, express or implied and no term of the contract of employment to claim accommodation and petrol expenses as a loss caused by the harsh or oppressive unfair dismissal, the claim was incompetent.

See: Kim Steele v Steven Philip Clarke And Scott James Nicholls - FB of IRC(WA) - 12 December 2003.

Labour hire company not respondent to construction award

The employer was not bound by the Electrical Contracting Industry Award No R22 of 1978 as it was in the business of labour hire and not electrical contracting/construction.

See: Communications, Electrical, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers Union of Australia, Engineering and Electrical Division, WA Branch v Benchmark Recruitment (WA) Pty Ltd - FB of IRC - 12 December 2003.

Right of entry rights considered

Staffrooms were part of the 'premises' as defined for the purpose of the exercise of the right of entry. To that extent the appeal was upheld.

The Commission accepted that school staff rooms were not the current place where union meetings are held in many schools.

However, the Commission then found that staff rooms were an appropriate venue for holding union meetings even though some staff members may not wish to be involved in those discussions.

See: The Most Revered B Hickey, Archbishop of Perth v The Independent School of Salaried Officers' Association of WA, Industrial Union of Workers - FB of IRC - 26 November, 2003.





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