The statutory obligation in s 30(d) of the Public Sector Management Act 1994 (WA) to comply with industrial agreements is not displaced by government policy; a chief executive officer cannot rely on government policy as justification for breaching an industrial agreement.

Section 102 of the PSM Act applies to private activities and activities unconnected with the officer's functions, but does not apply to activities which are part of the officer's approved functions as a seconded employee.

An employee has a fundamental duty to obey an employer's lawful and reasonable orders. Disobeying or disregarding a reasonable lawful order is a serious matter. Reasonableness is determined by reference to the nature of the employment, established usages, common practices, and general provisions governing the relationship.

A direction by an employer mandated under a Public Health Order requiring employees to wear a face mask at work is a reasonable and lawful direction which an employee is required to follow.

In the context of determining industrial fairness, even if procedural fairness were owed, the fact that an employee's skills are regarded as necessary by colleagues does not mean the person should be employed or that non-employment constitutes unfairness.

The impact of a management decision on colleagues or patients is not a directly relevant consideration in assessing whether an individual employee has been treated fairly in relation to their own employment.

The phrase 'fairly and properly applied' should be construed in accordance with their ordinary and natural meaning: 'fairly' means equitably, candidly, impartially, legitimately; 'properly' means suitably, appropriately.

The authority of an employing authority under the Public Sector Management Act to issue lawful orders should be understood as having the same content as the common law rule, authorising orders which involve no illegality, fall within the scope of the contract of service, and are reasonable. This applies equally to lawful orders or directions under the Health Services Act.

Under s 26(1)(a) and (c) of the Industrial Relations Act 1979 (WA), the Board must act according to equity, good conscience, and the substantial merits of the case, and must have regard for the interests of the persons immediately concerned and the community as a whole.

In cases involving physical restraint of a student, regulation 38 of the School Education Regulations 2000 permits physical contact that is reasonable in all circumstances to maintain or re-establish order and to prevent risk of injury to other persons. An instinctive grabbing action taken to prevent a student from colliding with younger children seated vulnerably on the floor may be reasonable within this provision.

The standard expected of a Deputy Principal (school administrator in a leadership position) is higher than that of ordinary teachers, both as a leader and manager of staff and as a representative of the school's management to the wider community.

When making a public sector decision under s26(2A), the Commission must consider public sector wages policy, State's financial position and fiscal strategy, and the public sector entity's financial position. These matters are in addition to considerations under s26(1)(d) and each is given its own weight in determining fair outcomes.