Union of Workers v Minister for Corrective Services
Commissioner Emmanuel
Not yet cited by other cases
Treatment by later cases (1)
1 neutral
Applicant: Western Australian Prison Officers' Union of Workers
Respondent: Minister for Corrective Services
Ratio
When paying a higher duties allowance under sub-clause 48.2 of the Department of Justice Prison Officers' Industrial Agreement 2020, a prison officer is not entitled to an allowance equivalent to an increment achieved within the previous 18 months if that increment was only obtained after substantive appointment to the higher position (not while acting in it).
Outcome
For applicant
declared
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
- Higher duties allowance payment under sub-clause 48.2 of the Department of Justice Prison Officers' Industrial Agreement 2020
- Prison officer claimed entitlement to allowance equivalent to increment achieved within previous 18 months
- Increment was achieved only after substantive appointment to the higher position
- Increment was not achieved while acting in the higher position
Concept tags · 3
Principles · 1
articulates para ?
When paying a higher duties allowance under sub-clause 48.2 of the Department of Justice Prison Officers' Industrial Agreement 2020, a prison officer is not entitled to an allowance equivalent to an increment achieved within the previous 18 months if that increment was obtained only after substantive appointment to the higher position (not while acting in the higher position).
Test: Higher duties allowance eligibility test
Subsequent treatment · 1
Cited / considered· 1
Cited
(2023) 103 WAIG
WAIRC — Single Commissioner
— DAY, 28 OCTOBER 2022, WEDNESDAY, 2 NOVEMBER 2022, TUESDAY, 8 NOVEMBER 2022...
Archived text (203 words)
INTERPRETATION OF SUB-CLAUSE 48.2 OF THE DEPARTMENT OF JUSTICE PRISON OFFICERS' INDUSTRIAL AGREEMENT 2020
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Western Australian Prison Officers' Union of Workers
APPLICANT
-v-
Minister for Corrective Services
RESPONDENT
CORAM Commissioner T Emmanuel
DATE Wednesday, 11 January 2023
FILE NO. APPL 15 OF 2022
CITATION NO. 2023 WAIRC 00020
Result Declaration made
Representation
Applicant Mr J Theodorsen (as agent)
Respondent Mr J Carroll (of counsel)
Declaration
HAVING heard Mr J Theodorsen (as agent) on behalf of the applicant and Mr J Carroll (of counsel) on behalf of the respondent;
AND HAVING given reasons for decision in which the Commission made a declaration;
NOW THEREFORE the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), declares –
THAT when paying a higher duties allowance under sub-clause 48.2 of the Department of Justice Prison Officers’ Industrial Agreement 2020, a prison officer is not entitled to an allowance equivalent to the increment the prison officer had attained in the previous 18 months if the prison officer only achieved that increment within the previous 18 months when substantively appointed to the higher position and did not achieve that increment when acting in the higher position.
Commissioner T Emmanuel