The Commission has broad discretion under s27(1)(a) of the Industrial Relations Act 1979 (WA) to dismiss proceedings at any stage if satisfied the matter is trivial, further proceedings are not necessary or desirable in the public interest, the applicant lacks sufficient interest, or for any other reason the matter should be dismissed.

In exercising the s27(1)(a) discretion, particularly on public interest grounds, the Commission must engage in a balancing of interests and consider the prima facie right of a party to have its jurisdiction exercised, subject to onus on the authority to persuade the Commission that this right should be overridden.

Ascertainment of the public interest depends on balancing of competing interests and is very much a question of fact and degree. The right to invoke jurisdictional powers carries a prima facie right to insist upon exercise of jurisdiction, derived from rule of law principles.

The legislature has confined the jurisdiction of the Arbitrator under s80C to those on the 'salaried staff' of a public authority, being generally those in administrative, technical and professional ranks of the public sector.

The phrase 'salaried staff' in s80C(1)(b) of the Industrial Relations Act 1979 (WA) is intended to delineate a particular group of employees set apart from employees as a whole. The focus is not merely on whether payment is computed by time, but on the distinction between 'salary' (fixed regular/periodical payment typically for non-manual, administrative, technical or professional work) and 'wages' (fixed regular payment typically for manual work), with the key differences being frequency of payments and the services for which payment is made.

A person employed by a public authority is not a 'government officer' under s80C(1)(b) if employed on the basis of hourly wage rates with variable components (penalties, allowances, overtime) rather than a fixed regular/periodical payment, or if their duties are clinical/direct service provision rather than administrative, managerial or technical work.

Where an industrial instrument describes remuneration as both 'salary' and 'wages', the historical classification and treatment as wages employees, and the actual structure of payment (hourly base rate calculated for hours worked, with variable components), are relevant to determining whether the employee is on the 'salaried staff' of a public authority.

A decision to restructure by abolishing or removing an office does not become a decision about temporary deployment merely because the occupant of the affected office happens to be acting and not permanent. The essential character of the decision determines jurisdictional characterization, not the employment status of the occupant.

When exercising jurisdiction under s95(5) of the PSM Act, the Commission must determine whether regulations have been fairly and properly applied, and in doing so must apply the IR Act requirement to act according to equity, good conscience and substantial merits.

A procedure that may result in conciliation, mediation, or a public sector body taking action to afford relief falls within the description of procedures 'for employees and other persons to obtain relief' under s97(1).

Murdoch University is a public statutory body and therefore a public authority, evidenced by: (a) specific exclusion of university academic staff from definition of 'government officer' in s80C(1)(f); (b) objects and functions of public benefit; (c) government appointment to Senate; (d) application of the Financial Administration and Audit Act.

The scheme of the provisions of the IR Act is clear: where an industrial matter is raised in any application before the Commission which relates to a government officer, the general jurisdiction of the Commission under s23(1) of the IR Act is expressly excluded by s80E(1) of the IR Act.