Benchmark WA Industrial Relations Case Database

Civil Service Association of Western Australia Incorporated v Chemistry Centre (WA), Commissioner for Children and Young People, Commissioner for Equal Opportunity (Equal Opportunity Commission), Department of Biodiversity, Conservation and Attractions, Department of Communities, Department of Education, Department of Energy, Mines, Industry Regulation and Safety, Department of Finance, Department of Fire and Emergency Services, Department of Health, Department of Jobs, Tourism, Science and Innovation, Department of Justice, Department of Local Government, Sport and Cultural Industries, Department of Planning, Lands and Heritage, Department of Primary Industries and Regional Development, Department of the Premier and Cabinet, Department of the Registrar, Western Australian Industrial Relations Commission, Department of Training and Workforce Development, Department of Transport, Department of Treasury, Department of Water and Environmental Regulation, Disability Services Commission, Economic Regulation Authority, Gascoyne Development Commission

[2024] WAIRC 367 Single Commissioner (WAIRC) 2024-06-26 File: P 10/2024
Source
Commissioner Emmanuel
Not yet cited by other cases
Treatment by later cases (1)
1 neutral
Applicant: Civil Service Association of Western Australia Incorporated
Respondent: Chemistry Centre (WA), Commissioner for Children and Young People, Commissioner for Equal Opportunity (Equal Opportunity Commission), Department of Biodiversity, Conservation and Attractions, Department of Communities, Department of Education, Department of Energy, Mines, Industry Regulation and Safety, Department of Finance, Department of Fire and Emergency Services, Department of Health, Department of Jobs, Tourism, Science and Innovation, Department of Justice, Department of Local Government, Sport and Cultural Industries, Department of Planning, Lands and Heritage, Department of Primary Industries and Regional Development, Department of the Premier and Cabinet, Department of the Registrar, Western Australian Industrial Relations Commission, Department of Training and Workforce Development, Department of Transport, Department of Treasury, Department of Water and Environmental Regulation, Disability Services Commission, Economic Regulation Authority, Gascoyne Development Commission

Ratio

The Public Service Arbitrator granted an order for service of documents in an award variation application to be effected by email to the Executive Director of the Government Sector Labour Relations Division, who confirmed authority to accept service on behalf of all listed public sector respondents.

Outcome

Resolved other

Authority signal

Not yet cited by other cases Signal-weighted score: 0.8
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 · 4

  • Civil Service Association of Western Australia Incorporated filed an application on 11 June 2024 seeking to vary the Public Service Award 1992.
  • Union sought an order that service be effected by serving the Executive Director of the Government Sector Labour Relations Division of the Department of Energy, Mines, Industry Regulation and Safety rather than each public sector body listed as a respondent.
  • On 25 June 2024, Mr Alex Lyon, Executive Director of the Government Sector Labour Relations Division, confirmed in writing that he has authority to accept service on behalf of all listed respondents.
  • Mr Lyon confirmed he has carriage of the matter and agreed service could be effected by email.

Legislation referenced

  • Industrial Relations Act 1979 (WA)

Concept tags · 5

[P]Award (WA state system) [S]Award variation [S]Public sector matter (general WAIRC jurisdiction post-PSAB) [S]Joinder / amendment of parties [M]Public sector standards (PSC)

Subsequent treatment · 1

Cited / considered· 1

Cited
(2024) 104 WAIG 2024 WAIRC — Single Commissioner — Direction HAVING heard from Ms Murray on behalf of the v Mr Carroll on behalf of the
Archived text (381 words)
PUBLIC SERVICE AWARD 1992 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Civil Service Association of Western Australia Incorporated APPLICANT -v- Chemistry Centre (WA), Commissioner for Children and Young People, Commissioner for Equal Opportunity (Equal Opportunity Commission), Department of Biodiversity, Conservation and Attractions, Department of Communities, Department of Education, Department of Energy, Mines, Industry Regulation and Safety, Department of Finance, Department of Fire and Emergency Services, Department of Health, Department of Jobs, Tourism, Science and Innovation, Department of Justice, Department of Local Government, Sport and Cultural Industries, Department of Planning, Lands and Heritage, Department of Primary Industries and Regional Development, Department of the Premier and Cabinet, Department of the Registrar, Western Australian Industrial Relations Commission, Department of Training and Workforce Development, Department of Transport, Department of Treasury, Department of Water and Environmental Regulation, Disability Services Commission, Economic Regulation Authority, Gascoyne Development Commission RESPONDENT CORAM PUBLIC SERVICE ARBITRATOR Commissioner T Emmanuel DATE WeDNEsday, 26 June 2024 FILE NO P 10 OF 2024 CITATION NO. 2024 WAIRC 00367 Result Order issued Representation Applicant Ms J Moore as agent Respondent Mr A Lyon as agent Order WHEREAS the Civil Service Association of Western Australia Incorporated (Union) filed an application on 11 June 2024 seeking to vary the Public Service Award 1992 (Award); AND WHEREAS the Union also seeks an order that service be effected by serving the Executive Director of the Government Sector Labour Relations Division of the Department of Energy, Mines, Industry Regulation and Safety rather than each public sector body listed as a respondent to the Award; AND WHEREAS on 25 June 2024 Mr Alex Lyon, Executive Director of the Government Sector Labour Relations Division of the Department of Energy, Mines, Industry Regulation and Safety, wrote to my chambers and confirmed that he has authority to accept service on behalf of the list of respondents as set out in Schedule 1 in the application and that service can be effected by sending documents to him by email at Alex.Lyon@dmirs.wa.gov.au. Mr Lyon confirmed he has carriage of the matter; NOW THEREFORE the Public Service Arbitrator, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), orders – THAT service be effected in this matter by sending the document to be served to Mr Alex Lyon at Alex.Lyon@dmirs.wa.gov.au. Commissioner T Emmanuel PUBLIC SERVICE ARBITRATOR