WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES ROBIN ADAM DOWNES APPLICANT -v- DIRECTOR GENERAL OF EDUCATION IN THE STATE OF WESTERN AUSTRALIA RESPONDENT CORAM COMMISSIONER J L HARRISON DATE TUESDAY, 23 MAY 2006 FILE NO/S APPL 32 OF 2005 CITATION NO. 2006 WAIRC 04396 Result Order issued Order WHEREAS on 8 May 2006 the Commission issued Reasons for Decision and a Minute of Proposed Order in this matter; and WHEREAS the Commission set down a hearing on 17 May 2006 for the parties to provide submissions in relation to the final orders to issue in this matter; and WHEREAS at the hearing on 17 May 2006 the Commission was advised that the parties had discussed the final orders that should issue and the applicant undertook to provide a draft of the minute of proposed order to the Commission later that day; and FURTHER the parties agreed that the applicant would recommence employment with the respondent no later than 24 July 2006; and WHEREAS on 19 May 2006 the applicant provided an agreed minute of proposed order to the Commission; NOW HAVING HEARD Mr S Millman of counsel on behalf of the applicant and Mr S Murphy and later Ms T Cole of counsel on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby: 1. DECLARES that the dismissal of Robin Adam Downes by the respondent was unfair. 2. ORDERS that Mr Downes be reinstated to the position of probationary primary school teacher with the respondent effective no later than 24 July 2006. 3. ORDERS that Mr Downes’ probation be extended for a duration of two (2) terms from the date of reinstatement, as provided for in clause 12.3 of the Government School Teachers’ and School Administrators’ Certified Agreement 2004. 4. ORDERS that the respondent pay Mr Downes a sum of money as agreed between the parties being the remuneration that he would have earned from the date of his dismissal on 17 December 2004 less any wages and other entitlements paid to him during the period 17 December 2004 up to the date of his reinstatement. 5. ORDERS that the respondent reinstate Mr Downes’ accrued entitlements as at 17 December 2004. 6. ORDERS that the respondent regard Mr Downes’ service as continuous for all purposes, including long service leave. 7. ORDERS that there be liberty to apply in respect to order 4. (Sgd.) J L HARRISON, [L.S.] Commissioner. 86 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1373 2006 WAIRC 04546