Benchmark WA Industrial Relations Case Database

Department of Education, The Civil Service Association of Western Australia Incorporated v (Not applicable)

[2023] WAIRC 345 Single Commissioner (WAIRC) 2023-06-28 File: PSAAG 4/2023
Source
Commissioner Tsang
Not yet cited by other cases
Applicant: Department of Education, The Civil Service Association of Western Australia Incorporated

Ratio

An application to register the Department of Education (School Support Officers) CSA Agreement 2022 as an industrial agreement was granted. The agreement was found to meet the requirements of the Industrial Relations Act 1979 (WA) and was registered as a replacement of the 2021 agreement.

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 · 5

  • Application made pursuant to s 41 of the Industrial Relations Act 1979 (WA) to register an industrial agreement
  • Agreement filed in the Commission on 29 May 2023
  • Parties consented to the application being determined on the papers
  • Agreement is a replacement of the Department of Education (School Support Officers) CSA Agreement 2021
  • The 2021 agreement was cancelled by operation of s 41(8) of the Industrial Relations Act 1979 (WA)

Factors

For
  • Agreement meets the requirements of the Industrial Relations Act 1979 (WA)
  • Consent of parties to determination on the papers
Against

Legislation referenced

  • Industrial Relations Act 1979 (WA) s 41
  • Industrial Relations Act 1979 (WA) s 41(8)

Concept tags · 3

[P]Registered industrial agreement (WA) [P]Public sector matter (general WAIRC jurisdiction post-PSAB) [S]s29AA 'industrial instrument' carve-out — when threshold does not apply
Archived text (223 words)
DEPARTMENT OF EDUCATION (SCHOOL SUPPORT OFFICERS) CSA AGREEMENT 2022 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Department of Education, The Civil Service Association of Western Australia Incorporated APPLICANTS -v- (Not applicable) RESPONDENT CORAM PUBLIC SERVICE ARBITRATOR Commissioner C Tsang DATE WEDNESday, 28 June 2023 FILE NO/S PSAAG 4 OF 2023 CITATION NO. 2023 WAIRC 00345 Result Agreement registered Representation (on the papers) First Applicant Mr P McCarney Second Applicant Ms H Harper Order WHEREAS this is an application pursuant to s 41 of the Industrial Relations Act 1979 (WA) to register an industrial agreement; AND WHEREAS the parties consent to the application being determined on the papers; AND WHEREAS I am satisfied that the agreement meets the requirements of the Industrial Relations Act 1979 (WA) and that it should be registered; NOW THEREFORE the Public Service Arbitrator, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders – THAT the agreement made between the parties filed in the Commission on 29 May 2023 entitled Department of Education (School Support Officers) CSA Agreement 2022 and attached to this order be registered as an industrial agreement as a replacement of the Department of Education (School Support Officers) CSA Agreement 2021, which by operation of s 41(8) of the Industrial Relations Act 1979 (WA) is hereby cancelled. Commissioner C Tsang PUBLIC SERVICE ARBITRATOR