United Workers Union (WA) v Director General, Department of Education

[2024] WAIRC 187 Single Commissioner (WAIRC) 2024-04-26 File: C 10/2024

Source

Commissioner Tsang

Not yet cited by other cases

Applicant: United Workers Union (WA)

Respondent: Director General, Department of Education

Ratio

The Commission, by consent of the parties, directed that a jurisdictional issue concerning the Commission's powers to determine a procedural fairness dispute relating to allegations of misconduct be determined as a preliminary matter, with directions for sequential written submissions.

Outcome

Resolved adjourned

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 · 5

United Workers Union (WA) filed an application under s44 of the Industrial Relations Act 1979 (WA) on 8 March 2024
The dispute concerns procedural fairness in relation to allegations of misconduct
The respondent is the Director General, Department of Education
The parties agreed to submit a minute of proposed consent directions concerning the Commission's jurisdiction
A conference was held on 10 April 2024

Concept tags · 5

[P]Procedural fairness during workplace investigation [P]s44 referral of industrial matter (WA) [S]Dismissal for misconduct [S]Meaning of 'industrial matter' (WA s7) [S]Jurisdictional objection

Related cases · 4

Decisions sharing two or more primary concepts with this case.

Citation	Court	Date	Outcome	Shared	Cited
[2014] WAIRC 102 CR 29 of 2012	WAIRC — Full Bench	2014-01-01	Against applicant	2	0
[2014] WAIRC 313 Western Australian Prison Officers' Union Of Workers v The Minister For...	WAIRC — Single Commissioner	2014-04-17	For applicant	2	4
[2012] WAIRC 127 The State School Teachers' Union Of Wa (Incorporated) v The Director...	WAIRC — Single Commissioner	2012-03-07	Against applicant	2	2
[2011] WAIRC 474 Klara Margarette Stylianou v Country Realty Pty Ltd Tc 50126 Acn 107991 417...	WAIRC — Single Commissioner	2011-07-05	Resolved	2	0

Archived text (237 words)

DISPUTE RE PROCEDURAL FAIRNESS IN RELATION TO ALLEGATIONS OF MISCONDUCT WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES United Workers Union (WA) APPLICANT -v- Director General, Department of Education RESPONDENT CORAM Commissioner C Tsang DATE Friday, 26 April 2024 FILE NO. C 10 OF 2024 CITATION NO. 2024 WAIRC 00187 Result Direction issued Representation Applicant Mr M Giles Respondent Mr D Anderson Direction WHEREAS on 8 March 2024, the applicant filed a Form 1B – Application for a Conference - s 44, Industrial Relations Act 1979; AND WHEREAS on 10 April 2024, the Commission convened a conference at which the parties agreed to submit a minute of proposed consent directions concerning the Commission’s jurisdiction (Jurisdictional Issue); NOW THEREFORE having heard from Mr M Giles on behalf of the applicant and Mr D Anderson (of counsel) on behalf of the respondent, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), and by consent, hereby directs – 1. THAT the Jurisdictional Issue be determined as a preliminary matter; THAT the applicant file an outline of submissions (applicant’s outline) by Thursday, 9 May 2024; 3. THAT the respondent file an outline of submissions in response to the applicant’s outline (respondent’s outline) by Thursday, 23 May 2024; 4. THAT the applicant file an outline of submissions in reply to the respondent’s outline by Thursday, 6 June 2024; 5. THAT the parties have liberty to apply. Commissioner C Tsang