Benchmark WA Industrial Relations Case Database

Union of W.A. v Governing Council of North Metropolitan TAFE, UnionsWA Incorporated - AMICUS CURIAE, Minister for Industrial Relations - AMICUS CURIAE

[2024] WAIRC 196 Full Bench (WAIRC) 2024-05-08 File: FBA 10/2023
Source
Chief Commissioner Kenner, Senior Commissioner Cosentino, Commissioner Kucera
Not yet cited by other cases
Appellant: The State School Teachers' Union of W.A
Respondent: Governing Council of North Metropolitan TAFE

Ratio

The Full Bench upheld the appeal against the Commission's decision in C 38/2023 and quashed that decision. The substantive grounds and legal reasoning are not detailed in this extract, but the appeal succeeded and the lower decision was set aside.

Outcome

For applicant granted

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 · 4

  • Appeal brought by State School Teachers' Union of W.A. against decision of the Commission in C 38/2023 dated 1 December 2023
  • Respondent: Governing Council of North Metropolitan TAFE
  • Matter heard by Full Bench on 8 February 2024 with reasons delivered 6 May 2024
  • UnionsWA appeared as intervener

Concept tags · 3

[P]Public sector matter (general WAIRC jurisdiction post-PSAB) [P]Internal appeals (FB, FWCFB) [S]Teacher / educator

Cases cited in this decision · 1

Cited
[2023] WAIRC 942 — The State School Teachers’ Union of W.A. v Governing Council of North...
"…the Full Bench, pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA), hereby orders – 1. THAT the appeal be and is hereby upheld. 2. THAT the decision of the Commission in application C...…"
Archived text (245 words)
Appeal against a decision of the Commission in matter number C 38/2023 given on 1 December 2023 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES The State School Teachers' Union of W.A. APPELLANT -and- Governing Council of North Metropolitan TAFE RESPONDENT CORAM FULL BENCH Chief Commissioner S J Kenner Senior Commissioner R Cosentino Commissioner T Kucera DATE WEDNESDAY, 8 MAY 2024 FILE NO/S FBA 10 OF 2023 CITATION NO. 2024 WAIRC 00196 Result Appeal upheld Appearances Appellant : Mr T Dixon of counsel and with him Mr D Rafferty of counsel Respondent : Mr J Carroll of counsel UnionsWA : Mr D Stojanoski of counsel The Hon. Minister for Industrial Relations : No appearance Order This appeal having come on for hearing before the Full Bench on 8 February 2024, and having heard Mr T Dixon of counsel and with him Mr D Rafferty of counsel on behalf of the appellant, and Mr J Carroll of counsel on behalf of the respondent, and Mr D Stojanoski of counsel on behalf of UnionsWA and reasons for decision having been delivered on Monday, 6 May 2024, the Full Bench, pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA), hereby orders – 1. THAT the appeal be and is hereby upheld. 2. THAT the decision of the Commission in application C 38 of 2023 dated 1 December 2023 [2023] WAIRC 00942 be and is hereby quashed. By the Full Bench CHIEF COMMISSIONER S J KENNER