Benchmark WA Industrial Relations Case Database

United Workers Union (WA) v Department of Education, Department of Health of WA, Department of Mines, Industry Regulation and Safety

[2022] WAIRC 685 Single Commissioner (WAIRC) 2022-09-23 File: C 30/2022
Source
Commissioner Tsang
Not yet cited by other cases
Applicant: United Workers Union (WA)
Respondent: Department of Education, Department of Health of WA, Department of Mines, Industry Regulation and Safety

Ratio

The Commission, by consent of all parties, made a procedural order removing the Department of Mines, Industry Regulation and Safety (Government Sector Labour Relations Division) as a respondent from s44 proceedings concerning the methodology for calculating long service leave payable to casual employees.

Outcome

Resolved other

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 filed 17 August 2022 under s44 IR Act for compulsory conference
  • Compulsory conference held 2 September 2022
  • Interlocutory application filed 13 September 2022 seeking removal of DMIRS as respondent
  • All respondents consented to removal of DMIRS
  • Dispute concerns methodology for calculating quantum of long service leave to casual employees

Concept tags · 6

[P]s44 referral of industrial matter (WA) [P]Conciliation and arbitration powers [P]Long service leave (WA) [S]Casual employee definition (s15A) [S]Joinder / amendment of parties [S]Compulsory conference
Archived text (240 words)
DISPUTE REGARDING THE METHODOLOGY FOR CALCULATING THE QUANTUM OF LONG SERVICE LEAVE TO BE PAID TO CASUAL EMPLOYEES WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES United Workers Union (WA) APPLICANT -v- Department of Education, Department of Health of WA, Department of Mines, Industry Regulation and Safety RESPONDENT CORAM Commissioner C Tsang DATE Friday, 23 September 2022 FILE NO/S C 30 OF 2022 CITATION NO. 2022 WAIRC 00685 Result Order Issued Representation Applicant Mr K Sneddon and Mr P Bergesio First Respondent Mr S Dane and Ms O Carey Second Respondent Mr J Chapman Third Respondent Mr A Lyon and Ms I Somers Order WHEREAS on 17 August 2022, the applicant filed an application under s 44 of the Industrial Relations Act 1979 (WA) (IR Act) for a compulsory conference; AND WHEREAS a compulsory conference was held on 2 September 2022; AND WHEREAS the applicant filed an interlocutory application on 13 September 2022 seeking that the Department of Mines, Industry Regulation and Safety (Government Sector Labour Relations Division) (DMIRS) be removed as a respondent to the proceedings pursuant to s 27(1)(j) of the IR Act; AND WHEREAS consent was given by the Respondents for DMIRS to be removed as a respondent; NOW THEREFORE the Commission, pursuant to the powers conferred by the IR Act, and by consent, hereby orders – THAT DMIRS be removed as the third respondent to the proceedings pursuant to s 27(1)(j) of the IR Act. Commissioner C Tsang