The Civil Service Association of Western Australia Incorporated v Director General, Housing Authority

[2017] WAIRC 851 Single Commissioner (WAIRC) 2017-10-02 File: PSACR 25/2015

Source

Commissioner Emmanuel

Not yet cited by other cases

Treatment by later cases (1)

1 neutral

Applicant: The Civil Service Association of Western Australia Incorporated

Respondent: Director General, Housing Authority

Ratio

The application was dismissed in part regarding orders sought for all future fixed-term contracts, and the Public Service Arbitrator declined to proceed further with determination of the matter in the public interest.

Outcome

Resolved partial

Authority signal

Not yet cited by other cases Signal-weighted score: 0.8

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 23 October 2015 under s44 of Industrial Relations Act 1979 (WA)
Referred for hearing and determination on 21 June 2016
Schedule to Memorandum of Referral amended 14 July 2016
Applicant sought orders relating to all future fixed-term contracts
Respondent sought order that further hearing be discontinued in the public interest

Factors

For

Respondent's submission that further hearing should be discontinued in the public interest

Against

Concept tags · 2

[P]s44 referral of industrial matter (WA) [P]Public sector matter (general WAIRC jurisdiction post-PSAB)

Subsequent treatment · 1

Cited / considered· 1

Cited

(2017) 97 WAIG 28 WAIRC — Single Commissioner — ST 2017, WEDNESDAY, 23 AUGUST 2017, FRIDAY, 25 AUGUST 2017 DELIVERED :...

Related cases · 10

Decisions sharing two or more primary concepts with this case.

Citation	Court	Date	Outcome	Shared	Cited
[2009] WAIRC 128 Industrial Law (WA) — Appeal against interim order reinstating teacher to full duties	WAIRC — Full Bench	2009-01-01	Against applicant	2	1
[2005] WAIRC 1813 Industrial law (WA) — Jurisdiction of the Public Service Arbitrator	WAIRC — Full Bench	2005-01-01	Against applicant	2	1
[2018] WAIRC 184 The Civil Service Association of Western Australia Incorporated v Director...	WAIRC — Full Bench	2018-03-15	Against applicant	2	0
[2026] WAIRC 404 Western Australian Police Union of Workers v Commissioner of Police, Western...	WAIRC — Full Bench	2026-06-19	Against applicant	2	0
[2026] WAIRC 371 Western Australian Police Union of Workers v Commissioner of Police, Western...	WAIRC — Full Bench	2026-06-09	Against applicant	2	0
[2013] WAIRC 836 The Minister For Health In His Incorporated Capacity Under S.7 Of The...	WAIRC — Single Commissioner	2013-10-03	Resolved	2	7
[2020] WAIRC 216 Civil Service Association (Inc.) v Department of Water and Environmental Regulation	WAIRC — Single Commissioner	2020-04-17	Against applicant	2	2
[2021] WAIRC 2 Civil Service Association of Western Australia Incorporated v The Director...	WAIRC — Single Commissioner	2021-01-13	Against applicant	2	1
[2017] WAIRC 737 Union of W.A. (Incorporated) v The Director General, Department of Education	WAIRC — Single Commissioner	2017-08-18	Against applicant	2	1
[2013] WAIRC 1048 The Civil Service Association Of Western Australia Incorporated v Director...	PSAB (former)	2013-12-04	Against applicant	2	1

Archived text (234 words)

DISPUTE RE FIXED TERM CONTRACTS WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES The Civil Service Association of Western Australia Incorporated APPLICANT -v- Director General, Housing Authority RESPONDENT CORAM PUBLIC SERVICE ARBITRATOR Commissioner T Emmanuel DATE Monday, 2 October 2017 FILE NO PSACR 25 OF 2015 CITATION NO. 2017 WAIRC 00851 Result Application dismissed in part; Arbitrator refrains from further hearing or determining the matter Representation Applicant Mr W Claydon (of counsel) Respondent Mr R Andretich (of counsel) Order WHEREAS on 23 October 2015 the applicant filed an application for a conference under s 44 of the Industrial Relations Act 1979 (WA); AND WHEREAS the matter was referred for hearing and determination on 21 June 2016; AND WHEREAS the Schedule to the Memorandum of Matters Referred for Hearing and Determination under Section 44 (Memorandum of Referral) was amended on 14 July 2016; AND WHEREAS the respondent seeks an order that further hearing be discontinued in the public interest; NOW THEREFORE the Public Service Arbitrator, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), orders – 1. THAT the part of this matter referred as it relates to the orders sought at [7] of the Memorandum of Referral in relation to all future fixed term contracts be, and by this order is, dismissed. 2. THAT the Public Service Arbitrator will refrain from further hearing or determining the matter. Commissioner T Emmanuel PUBLIC SERVICE ARBITRATOR