m Mr C Arnold of counsel Mr D Stojanoski of counsel and with him Ms A Humphrey of counsel Order HAVING heard from Mr J Carroll of counsel and with him Mr C Arnold of counsel on behalf of the v Mr D Stojanoski of counsel and with him Ms A Humphrey of counsel on behalf of the
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APPELLANT: m Mr C Arnold of counsel Respondent Mr D Stojanoski of counsel and with him Ms A Humphrey of counsel Order HAVING heard from Mr J Carroll of counsel and with him Mr C Arnold of counsel on behalf of the
RESPONDENT: Mr D Stojanoski of counsel and with him Ms A Humphrey of counsel on behalf of the
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WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES MINISTER FOR CORRECTIVE SERVICES APPELLANT -v- WESTERN AUSTRALIAN PRISON OFFICERS' UNION OF WORKERS RESPONDENT CORAM FULL BENCH CHIEF COMMISSIONER S J KENNER COMMISSIONER T EMMANUEL COMMISSIONER T KUCERA DATE TUESDAY, 24 SEPTEMBER 2024 FILE NO/S FBA 9 OF 2023 CITATION NO. 2024 WAIRC 00838 2010 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 104 W.A.I.G. Result Appeal upheld and declaration varied Representation Appellant Mr J Carroll of counsel and with him Mr C Arnold of counsel Respondent Mr D Stojanoski of counsel and with him Ms A Humphrey of counsel Order HAVING heard from Mr J Carroll of counsel and with him Mr C Arnold of counsel on behalf of the appellant and Mr D Stojanoski of counsel and with him Ms A Humphrey of counsel on behalf of the respondent, the Full Bench, pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA), hereby orders – (1) THAT the appeal be and is hereby upheld. (2) THAT the declaration made by the Commission on 22 November 2023 in APPL 63 of 2023 be and is hereby varied and the following is substituted: Question: Does clause 36 of the Department of Justice Prison Officers’ Industrial Agreement 2020 apply to overpayments which were not the result of a ‘payment error’ of the Employer (i.e. Officer Induced Overpayments)? Answer: No. By the Full Bench (Sgd.) S J KENNER, [L.S.] Chief Commissioner. 2024 WAIRC 00833 APPEAL AGAINST A DECISION OF THE COMMISSION IN MATTER NUMBER PRES 10/2022 GIVEN ON 10 OCTOBER 2023