Section 42I(1)(c) IR Act 1979 means that provisions may only be included in an enterprise order if they relate to industrial matters or prevention/resolution of disputes, disagreements or questions relating to industrial matters.

The exclusive jurisdiction of the Public Service Arbitrator under s80E(1) is intended to exclude the general jurisdiction of the Commission under s23 to inquire into and deal with industrial matters generally, not to exclude other statutory bodies' jurisdictions (such as the Equal Opportunity Act 1984 or Occupational Safety and Health Act 1984).

A refusal by an employer to employ a person may be an industrial matter under the Industrial Relations Act 1979 (WA) even though that person is not currently employed by the employer and had never been employed by that employer in the past.

Once the Commission's jurisdiction is enlivened by establishing an industrial matter (such as refusal to employ), any order made must be sufficiently related to that jurisdictional fact.

An order to employ a person is sufficiently related to the industrial matter constituted by a refusal to employ that person so as to be within the power of the Commission to deal with that industrial matter.

Section 23(1) of the Industrial Relations Act 1979 (WA), although not expressly stating as much, gives the Western Australian Industrial Relations Commission power to order an employer to employ a person it is refusing to employ.

When determining whether offices in a counterpart Federal body are the same as offices in the State organisation, consideration must be given to the functions and powers of each office based on similarity or otherwise of the content of the rules.

The reference to 'rules of the organisation' in s66 means the rules as documented, lodged with the Commission and registered by the Registrar, and does not include any implied or unwritten rules.

For a matter to 'pertain to the relationship between employers and employees', it must affect them in their capacity as such. A demand that an employer act as a collecting agent for a union to deduct money from employees' wages and remit it to a union does not pertain to the employment relationship, as it creates a financial agency relationship between the union and employee, not an employment relationship.

Construction of metalliferous mining installations is an integral part of the mining operation and cannot be looked at apart from what is being constructed; the connection is so close as to be inseparable.

The substantial character of the industrial enterprise in which an employer and employee are concerned is decisive of the question whether the employee is engaged in an industry of given description.

An activity may be engaged in 'in or in connection with metalliferous mining' even if it may properly be called construction work, provided it is part of the business of metalliferous mining.