Benchmark WA Industrial Relations Case Database

Electrical Trades Union WA v Minister for Agriculture, Board of Management, Royal Perth Hospital, Princess Margaret Hospital, Sir Charles Gairdner Hospital, King Edward Memorial Hospital, Fremantle Hospital, Golden Eggs, Public Transport Authority, Rottnest Island Authority, Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers - Western Australian Branch, The Minister for Commerce, The Minister for Education, The Minister for Health, The Minister for Transport, The Minister for Police, The Minister for Housing, The Minister for the Environment, Commissioner of Main Roads

[2024] WAIRC 905 Single Commissioner (WAIRC) 2024-10-17 File: APPL 64/2023
Source
Senior Commissioner Cosentino
Not yet cited by other cases
Applicant: Electrical Trades Union WA
Respondent: Minister for Agriculture, Board of Management, Royal Perth Hospital, Princess Margaret Hospital, Sir Charles Gairdner Hospital, King Edward Memorial Hospital, Fremantle Hospital, Golden Eggs, Public Transport Authority, Rottnest Island Authority, Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers - Western Australian Branch, The Minister for Commerce, The Minister for Education, The Minister for Health, The Minister for Transport, The Minister for Police, The Minister for Housing, The Minister for the Environment, Commissioner of Main Roads

Ratio

The Commission issued a correction order to rectify a clerical or 'slip' error in a previous award order ([2023] WAIRC 00767) relating to the allowance payable to employees using explosive powered tools under the Engineering Trades (Government) Award, 1967.

Outcome

Resolved other

Authority signal

Not yet cited by other cases Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority, green = positively treated, grey = neutral or sparse data, amber = caution, red = treated negatively.

Key facts · 3

  • A 'slip' error occurred in Order [2023] WAIRC 00767 deposited 19 September 2023
  • The error concerned subclause (13) in relation to clause 17 – Special Rates and Provisions in the Engineering Trades (Government) Award, 1967
  • The correction amended the allowance for employees using explosive powered tools from an unspecified amount to 25 cents per hour with a minimum payment of $2.05 per day

Legislation referenced

  • Industrial Relations Act 1979 (WA)

Concept tags · 3

[P]Award (WA state system) [S]Award interpretation — principles [S]Overtime and penalty rates

Cases cited in this decision · 1

Cited
[2023] WAIRC 767 — Electrical Trades Union WA v Minister for Agriculture and others
"…Commission, in order to correct this error, and pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders – THAT subclause (13) in relation to clause 17. – Special Rates and...…"
Archived text (254 words)
ENGINEERING TRADES (GOVERNMENT) AWARD, 1967 AWARD NOS. 29, 30 AND 31 OF 1961 AND 3 OF 1962 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Electrical Trades Union WA APPLICANT -v- Minister for Agriculture, Board of Management, Royal Perth Hospital, Board of Management, Princess Margaret Hospital, Board of Management, Sir Charles Gairdner Hospital, Board of Management, King Edward Memorial Hospital, Board of Management, Fremantle Hospital, Golden Eggs, Public Transport Authority, Rottnest Island Authority, Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers - Western Australian Branch, The Minister for Commerce, The Minister for Education, The Minister for Health, The Minister for Transport, The Minister for Police, The Minister for Housing, The Minister for the Environment, Commissioner of Main Roads RESPONDENTS CORAM Senior Commissioner R Cosentino DATE THURSday, 17 October 2024 FILE NO. APPL 64 OF 2023 CITATION NO. 2024 WAIRC 00905 Result Correction Order issued Correction Order WHEREAS a ‘slip’ error occurred in the Order ([2023] WAIRC 00767) that was deposited in the office of the Registrar on 19 September 2023; and NOW THEREFORE the Commission, in order to correct this error, and pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders – THAT subclause (13) in relation to clause 17. – Special Rates and Provisions in the Schedule to the Order ([2023] WAIRC 00767) be amended to read: ‘(13) An employee shall, whilst using explosive powered tools, be paid an allowance of 25 cents per hour, with a minimum payment of $2.05 per day.’ SENIOR COMMISSIONER R COSENTINO