Western Australia Police Force v WA Police Union of Workers
Commissioner Emmanuel
Not yet cited by other cases
Applicant: Western Australia Police Force
Respondent: WA Police Union of Workers
Ratio
The WA Police Force Industrial Agreement 2022 meets the statutory requirements under s41 of the Industrial Relations Act 1979 (WA) for registration as an industrial agreement, and is registered in replacement of the 2021 Agreement by consent of both parties and the Public Service Arbitrator.
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 · 6
- Agreement between WA Police Force and WA Police Union of Workers filed 11 August 2023
- Acting Commissioner of Police signed the agreement on 11 August 2023 (though dated 11/10/2023)
- Application made pursuant to s41 IR Act 1979 (WA)
- Agreement replaces the Western Australia Police Force Industrial Agreement 2021
- Both parties consented to registration
- Public Service Arbitrator satisfied agreement meets statutory requirements
Factors
For
- Agreement meets requirements of IR Act 1979 (WA)
- Consent of both parties to registration
- Replacement of previous expired or superseded agreement
Against
Concept tags · 3
Principles · 2
articulates para 1
An industrial agreement registered under s41 of the IR Act 1979 (WA) must meet the statutory requirements for registration, assessed by the Public Service Arbitrator on the papers.
articulates para 1
Where a new industrial agreement is registered in replacement of a prior agreement, the prior agreement is cancelled by operation of s41(8) IR Act 1979 (WA).
Archived text (264 words)
WESTERN AUSTRALIA POLICE FORCE INDUSTRIAL AGREEMENT 2022
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Western Australia Police Force
APPLICANT
-v-
WA Police Union of Workers
RESPONDENT
CORAM PUBLIC SERVICE ARBITRATOR
Commissioner T Emmanuel
DATE TUESDAY, 22 August 2023
FILE NO PSAAG 13 OF 2023
CITATION NO. 2023 WAIRC 00719
Result Agreement registered
Representation
Applicant Ms A Crawley (as agent)
Respondent Mr S Farrell (as agent)
Order
WHEREAS this is an application pursuant to section 41 of the Industrial Relations Act 1979 (WA) to register an industrial agreement;
AND WHEREAS on 18 August 2023 the Acting Commissioner of Police, Mr Allan Adams, informed the Public Service Arbitrator that although his signature on the agreement is dated 11/10/2023, he signed the agreement on 11 August 2023;
AND WHEREAS I am satisfied that the agreement meets the requirements of the Industrial Relations Act 1979 (WA) and that it should be registered;
AND WHEREAS the parties consent to this agreement being registered on the papers;
AND HAVING heard from Ms A Crawley (as agent) on behalf of the applicant and Mr S Farrell (as agent) on behalf of the respondent;
NOW THEREFORE the Public Service Arbitrator, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), orders –
THAT the agreement made between the parties filed in the Registry on 11 August 2023 entitled Western Australia Police Force Industrial Agreement 2022 and attached to this order be registered as an industrial agreement in replacement of the Western Australia Police Force Industrial Agreement 2021, which by operation of s 41(8) is cancelled.
Commissioner T Emmanuel
PUBLIC SERVICE ARBITRATOR