WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION CITATION : 2025 WAIRC 00710 CORAM : COMMISSIONER T B WALKINGTON HEARD : TUESDAY, 5 NOVEMBER 2024 DELIVERED : THURSDAY, 21 AUGUST 2025 FILE NO. : P 9 OF 2024 BETWEEN : CIVIL SERVICE ASSOCIATION OF WA INCORPORATED Applicant AND DIRECTOR GENERAL, DEPARTMENT OF JUSTICE Respondent CatchWords : Industrial Law (WA) - Interpretation of industrial agreement - Terms implied by the Public Sector Management Act 1994 (WA) - Effect of reference to 'full pay' on higher duties allowance - True meaning of 'full pay' - Relevant principles to be applied - Industrial Relations Act 1979 (WA) s 46 - Application dismissed Legislation : Industrial Relations Act 1979 (WA) Minimum Conditions of Employment Act 1993 (WA) Public Sector Management Act 1994 (WA) Result : Application dismissed Representation: Applicant : Ms G Murray (of counsel) Respondent : Mr J Carroll (of counsel) Case(s) referred to in reasons: Minister for Corrective Services and Western Australian Prison Officers’ Union of Workers [2023] WAIRC 00909; (2023) 103 WAIG 1953 Reasons for Decision 1 The Civil Service Association of Western Australia Incorporated (CSA) made an application for the Public Service Arbitrator (Arbitrator) to interpret the meaning of ‘full pay’ as used in s 82 of the Public Sector Management Act 1994 (PSMA) and the Department of Justice (Youth Custodial Officers) CSA Agreement 2022 (Agreement). The CSA seeks a definition of ‘full pay’ as it applied to the Juvenile Custodial Officers’ Award (Award), the Agreement and within the context of a union members’ circumstances to resolve the ongoing dispute between the parties. 2 The question concerning the meaning of the term ‘full pay’, relates to a situation in which a Juvenile Custodial Officer was suspended during a period in which he had been receiving a Higher Duties Allowance (HDA). The Juvenile Custodial Officer was suspended under s 82 of the PSMA which states: The employing authority may, in accordance with the Commissioner’s instructions suspend the employee on full pay, partial pay or without pay. 3 The CSA claims that ‘full pay’ as a term of the Agreement, includes the payment of a HDA where an employee is suspended on full pay under s 82 of the PSMA. 4 The Department of Justice (Department) argues that as the term ‘full pay’ applies to its use in the PSMA, the Arbitrator has no jurisdiction to make the declaration sought. 5 In the alternative, the Department says that if the Arbitrator finds there is jurisdiction to make the declaration, the