Benchmark WA Industrial Relations Case Database

The Australian Medical Association (WA) Incorporated v The WA Department of Health, The North Metropolitan Health Service, The South Metropolitan Health Service

[2021] WAIRC 602 Public Service Appeal Board (former) 2021-11-30 File: PSAC 25/2017
Source
Commissioner Emmanuel
Not yet cited by other cases
Applicant: The Australian Medical Association (WA) Incorporated
Respondents: The WA Department of Health, The North Metropolitan Health Service, The South Metropolitan Health Service & OTHERS

Ratio

The applicant's application for s44 referral under the Industrial Relations Act 1979 (WA) was partially discontinued by consent on 24 November 2021 in relation to the WA Department of Health and four health service respondents, with the Public Service Arbitrator ordering discontinuance as sought.

Outcome

Against applicant dismissed

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 to Public Service Arbitrator for conference under s44 of the Industrial Relations Act 1979 (WA)
  • Multiple conferences held between 5 January 2018 and 10 September 2020
  • Applicant confirmed on 24 November 2021 wish to discontinue application in relation to specified respondents
  • All respondents consented to discontinuance
  • Matter involved pay practices dispute

Factors

For
  • Agreement of all parties to discontinuance
  • Formal confirmation by applicant of intention to discontinue
Against

Concept tags · 4

[P]s44 referral of industrial matter (WA) [P]Consent orders [S]Meaning of 'industrial matter' (WA s7) [S]Public sector matter (general WAIRC jurisdiction post-PSAB)
Archived text (259 words)
DISPUTE RE PAY PRACTICES WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES The Australian Medical Association (WA) Incorporated APPLICANT -v- The WA Department of Health, The North Metropolitan Health Service, The South Metropolitan Health Service & OTHERS RESPONDENTS CORAM PUBLIC SERVICE ARBITRATOR Commissioner T Emmanuel DATE Tuesday, 30 November 2021 FILE NO PSAC 25 OF 2017 CITATION NO. 2021 WAIRC 00602 Result Application partially discontinued Representation Applicant Mr W Edwardes (of counsel) Respondents Mr A Chapple (as agent) & Ms J Withers (as agent) Order WHEREAS this is an application to the Public Service Arbitrator for a conference under s 44 of the Industrial Relations Act 1979 (WA); AND WHEREAS conferences in this matter have been held on 5 January 2018, 26 February 2018, 16 May 2018, 27 June 2018, 18 September 2018 and 10 September 2020; AND WHEREAS on 24 November 2021 the applicant confirmed that it wished to discontinue this application in relation to The WA Department of Health, The North Metropolitan Health Service, The South Metropolitan Health Service, WA Country Health Service and Child and Adolescent Health Service; AND WHEREAS the respondents listed above consent to this application being discontinued in relation to them; NOW THEREFORE, the Public Service Arbitrator, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders: THAT this application be, and by this order is, discontinued in relation to The WA Department of Health, The North Metropolitan Health Service, The South Metropolitan Health Service, WA Country Health Service and Child and Adolescent Health Service. Commissioner T Emmanuel PUBLIC SERVICE ARBITRATOR