WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES INDEPENDENT EDUCATION UNION OF WESTERN AUSTRALIA,UNION OF EMPLOYEES APPLICANT -v- ROMAN CATHOLIC ARCHBISHOP OF PERTH RESPONDENT CORAM COMMISSIONER J L HARRISON DATE FRIDAY, 16 FEBRUARY 2007 FILE NO/S CR 188 OF 2005 CITATION NO. 2007 WAIRC 00130 Result Upheld and Order issued Order Having heard Mr G Stubbs of counsel on behalf of the applicant and Ms K Wroughton of counsel on behalf of the Respondent, the Commission pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby: 1. ORDERS THAT the name of the respondent be deleted and that the Roman Catholic Archbishop of Perth be substituted in lieu thereof. 87 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 571 2. DECLARES THAT none of the seven delegates who were at the College during the relevant period were involved in bullying and harassing any other staff member at the College whilst undertaking their role as union delegates and that Mr Harvie had no basis for claiming that the delegates had bullied and harassed other staff members as detailed in his letter to Ms Howe dated 31 August 2004. 3. DECLARES THAT when Mr Harvie distributed his letter to Ms Howe to all staff wrongly accusing the delegates of bullying and harassing other staff whilst carrying out their role as delegates Mr Harvie brought into question the professionalism and reputation of not only the delegates but also the union. 4. ORDERS THAT the respondent write to the union and the delegates unreservedly retracting the comments made by Mr Harvie about the applicant’s delegates contained in the letter to Ms Howe dated 31 August 2004. 5. ORDERS THAT the respondent apologise in writing to the applicant and its delegates for Mr Harvie’s unwarranted actions towards the applicant’s delegates in the following form: “On 2 September 2004 the then Acting Principal Mr Barry Harvie published as an attachment to an email to teaching and non-teaching staff of Corpus Christi College, a copy of a letter he had sent to the Secretary of the ISSOA, now the Independent Education Union of Western Australia, Union of Employees (“the IEUWA”), on 31 August 2004. The letter expressed his concerns about the activities of the ISSOA and its delegates at the College. The letter suggested that delegates of the ISSOA at the College had bullied and harassed some staff at the College. The letter also stated that a staff member had left the employ of the College giving as one of her reasons for leaving “bullying” she experienced from other staff. The imputation arising from that statement was that delegates of the ISSOA had bullied her and were a factor in her leaving. College staff were well aware that Philip Petale, Kerry Kowald, Ann Nisbet and Russell Scanlon were delegates of the ISSOA at the time along with three other delegates. The publication of the letter caused distress to the delegates and damaged the reputations of the delegates and the ISSOA in that it implied that the delegates in their role as delegates of the ISSOA had bullied and harassed other staff at the College. This imputation damaged the delegates’ relationships with other college staff and the reputation of the ISSOA. The College regrets that the publication of the letter has caused distress to the delegates and damaged the reputation of the delegates and the ISSOA. The College unreservedly retracts the allegation that the delegates bullied and harassed other staff at the College and apologises for the hurt and damage the publication of the letter has caused.” 6. ORDERS THAT a copy of the letter contained in order 5 above be mailed to all staff members that received the email and letter on 2 September 2004 within 14 days of the date of this order. (Sgd.) J L HARRISON, [L.S.] Commissioner. CONFERENCES—Notation of— Parties Commissioner Conference Number Dates Matter Result Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing, and Allied Workers Union of Australia, Engineering & Electrical Div. Western Australian Mint Kenner C C 6/2007 7/02/2007 Dispute regarding employees shift changes Discontinued Director General, Department of Education and Training Liquor, Hospitality and Miscellaneous Union, Western Australian Branch Harrison C C 73/2006 N/A Dispute regarding assessment of levels Discontinued 572 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 87 W.A.I.G. Parties Commissioner Conference Number Dates Matter Result Independent Education Union of Western Australia, Union of Employees Corpus Christi College Harrison C C 188/2005 23/11/2005 24/01/2006 9/03/2006 18/05/2006 A dispute regarding complaint about union delegates and sub Referred Silvana Gaspar Mr Brett Warhurst Metcash Trading Limited Scott C C 102/2006 N/A Dispute regarding long service leave entitlements Concluded The Civil Service Association of Western Australia Incorporated Ms. Sharyn O'Neill, A/Director General, The Department of Education and Training Kenner C PSAC 8/2007 N/A Dispute regarding proposed transfer of a union member Discontinued The Civil Service Association of Western Australia Incorporated Director General, Department of Agriculture and Food Scott C PSAC 2/2007 24/01/2007 Dispute regarding transfer of position Concluded The Construction, Forestry, Mining and Energy Union of Workers Personal Contracting Pty Ltd T/As Tricord Personnel C 154/2004 25/08/2004 Regarding the dismissal of a worker Discontinued CORRECTIONS— 2007 WAIRC 00132 CLEANERS AND CARETAKERS AWARD, 1969