Benchmark WA Industrial Relations Case Database

Safety-critical role

factual BOTH safety_critical_role branch: factual_contexts

Synthesis · 287 tagged cases

287 tagged decisions (22 as primary). Of primary decisions, the most common outcome is 'dismissed' (15, 68%).

Outcome distribution

Outcomen%
Against applicant dismissed 15 68%
For applicant granted 5 23%
Resolved partial 2 9%

By jurisdiction

Courtn
Fair Work Commission212
Single Commissioner (WAIRC)24
Fair Work Australia (former)11
Full Bench (WAIRC)8
Public Service Appeal Board (former)6
Federal Court of Australia6
Fair Work Australia (Full Bench, former)4
Fair Work Commission (Full Bench)4
Federal Court (Full Court)3
Australian Industrial Relations Commission (former)2
Industrial Appeal Court2
WA Court of Appeal1
NSWIRComm1
Federal Circuit Court of Australia1
Federal Magistrates Court (former)1
WA Supreme Court1

Key articulated principles · 12

para 109 — from [2011] FWA 3549 FWA (former)
A driver operating a bus with passengers has a duty to drive safely and ensure the safety of all passengers. Slamming on brakes in response to students being disrespectful places passengers at significant risk and breaches the duty of care regardless of provocation.
para 70 — from [2007] AIRC 969 AIRC (former)
An 'inoperative vehicle' in shunting operations includes a rail car that is temporarily parked and unattended, whether permanently or temporarily, and such a vehicle must be stabilised (by chocking wheels and/or applying air brakes) regardless of whether the shunt has been declared complete.
para 73 — from [2007] AIRC 969 AIRC (former)
A shunting pilot has responsibility to control all aspects of the shunt operation, including sustaining near-continuous radio communication with the shunt driver, and must direct the shunt driver when he breaches shunting protocols.
para 86 — from [2016] FWC 1321 FWC
In safety-critical aviation contexts, while safety standards are of paramount importance, dismissal for alleged serious misconduct must be supported by evidence that the conduct was intentional or reckless, not merely imprudent or an error of judgement, even if that error occurred in circumstances partly attributable to the employee's own decision-making.
para 34 — from [2016] FWC 1275 FWC
Exceptional circumstances in the context of s.443(5) exist where potential increased security risks for employees, clients, clients' employees and the broader public, together with potential economic impact on third parties (such as retailers) from interruption to critical services, are out of the ordinary, unusual, special or uncommon.
para 37 — from [2016] FWC 2747 FWC
In a safety-critical role involving detention operations, an employer's established procedures requiring adherence to Enhanced Escort Position requirements for handcuffed detainees are both logical and appropriate, and non-compliance represents serious misconduct.
para 31 — from [2016] FWC 4906 FWC
Following O'Connell, the fact that an employee loses a statutory clearance (such as a Blue Card) required for child-related work does not mean the employer would be entitled to immediately dismiss the employee. The legislation does not prevent continued employment provided the employee is not employed 'in child-related work' and the employer could reassign duties, suspend, or grant leave.
para 24 — from [2015] FWC 1029 FWC
In a safety-critical role at a power generation facility involving hazardous equipment and operations, a zero tolerance approach to drug and alcohol use in the workplace is both reasonable and required as a matter of health and safety.
para 69 — from [2013] FWC 659 FWC
For safety-critical roles in hazardous environments such as explosives handling in mining, an employee's reliability and attendance is a matter of legitimate employer concern affecting team safety and operational capacity.
para 42 — from [2011] FWA 4214 FWA (former)
It is in an employee's own interests and the interests of the employees with whom he works to ensure that at all times he acts with safety at work and drives in a safe manner, following all speed limits imposed on driving at workplaces.
para 22 — from [2013] WAIRC 344 WAIRC — Single Commissioner
An employer must be able to rely on employees in important positions such as Transit Officer being reliable and punctual, and must be confident that Transit Officers will perform duties properly in an unsupervised environment.
para 42 — from [2010] FWAFB 2526 FWAFB
Employee must drive at all times in safe manner, following all speed limits imposed on driving at workplaces.

Leading cases · by citation count

CitationCourtRoleCited
[2007] AIRC 969 AIRC (former) primary 3
[2011] FWA 7728 FWA (former) primary 2
[2016] FWC 33 FWC primary 1
[2016] FWC 1622 FWC primary 1
[2016] FWC 1855 FWC primary 1
[2016] FWC 4129 FWC primary 1
[2016] FWC 5005 FWC primary 1
[2015] FWC 4 FWC primary 1

All tagged cases · 200

CitationCourtRoleDateOutcomeCited
[2007] AIRC 969 AIRC (former) primary 2007-11-30 Resolved 3
[2011] FWA 7728 FWA (former) primary 2011-11-10 Against applicant 2
[2016] FWC 33 FWC primary 2016-01-01 Against applicant 1
[2016] FWC 1622 FWC primary 2016-01-01 Against applicant 1
[2016] FWC 1855 FWC primary 2016-01-01 For applicant 1
[2016] FWC 4129 FWC primary 2016-01-01 For applicant 1
[2016] FWC 5005 FWC primary 2016-01-01 For applicant 1
[2015] FWC 4 FWC primary 2015-01-01 Against applicant 1
[2015] FWC 256 FWC primary 2015-01-01 Against applicant 1
[2011] FWA 4214 FWA (former) primary 2011-07-04 For applicant 1
[2026] FWC 218 FWC primary 2026-01-01 Against applicant 0
[2026] FWC 166 FWC primary 2026-01-01 Resolved 0
[2026] FWC 531 FWC primary 2026-01-01 Against applicant 0
[2025] FWC 403 FWC primary 2025-01-01 Against applicant 0
[2025] FWC 500 FWC primary 2025-01-01 Against applicant 0
[2025] FWC 516 FWC primary 2025-01-01 For applicant 0
[2025] FWC 658 FWC primary 2025-01-01 Against applicant 0
[2025] FWC 1164 FWC primary 2025-01-01 Against applicant 0
[2025] FWC 1758 FWC primary 2025-01-01 Against applicant 0
[2025] FWC 2463 FWC primary 2025-01-01 Against applicant 0
[2025] FWC 3424 FWC primary 2025-01-01 Against applicant 0
[2012] WAIRC 856 PSAB (former) primary 2012-09-20 Against applicant 0
[2010] FWAFB 10089 FWAFB secondary 2010-12-24 For applicant 52
[2011] FCAFC 54 Federal Court — Full Court secondary 2011-04-19 Against applicant 44
[2006] WASCA 49 WA Court of Appeal secondary 2006-03-29 Resolved 21
[2007] AIRC 333 AIRC (former) secondary 2007-04-26 Against applicant 17
[2021] WAIRC 47 WAIRC — Single Commissioner secondary 2021-02-26 Resolved 4
[2020] FCA 485 Federal Court secondary 2020-01-01 For applicant 4
[2017] WAIRC 714 PSAB (former) secondary 2017-08-09 Against applicant 4
[2016] FWC 161 FWC secondary 2016-01-01 For applicant 4
[2011] FWA 3549 FWA (former) secondary 2011-06-23 Against applicant 4
[2020] WAIRC 806 PSAB (former) secondary 2020-09-17 For applicant 3
[2016] FWC 1150 FWC secondary 2016-01-01 Against applicant 3
[2019] WAIRC 11 WAIRC — Full Bench secondary 2019-01-16 Against applicant 2
[2017] WAIRC 241 WAIRC — Single Commissioner secondary 2017-05-02 Against applicant 2
[2017] WAIRC 66 WAIRC — Single Commissioner secondary 2017-02-08 Resolved 2
[2016] FWC 2790 FWC secondary 2016-01-01 For applicant 2
[2016] FWC 990 FWC secondary 2016-01-01 Against applicant 2
[2016] FWC 1321 FWC secondary 2016-01-01 For applicant 2
[2016] FWC 2668 FWC secondary 2016-01-01 Against applicant 2
[2016] FWC 2823 FWC secondary 2016-01-01 Against applicant 2
[2015] FWC 1600 FWC secondary 2015-03-13 Resolved 2
[2012] FWA 3559 FWA (former) secondary 2012-06-01 Resolved 2
[2010] FWA 640 FWA (former) secondary 2010-02-01 Against applicant 2
[2008] WAIRC 1393 WAIRC — Full Bench secondary 2008-09-11 For applicant 2
[2026] FWC 6 FWC secondary 2026-01-01 Against applicant 1
[2024] FCAFC 120 Federal Court — Full Court secondary 2024-09-12 Resolved 1
[2024] NSWIRComm 1056 NSWIRComm secondary 2024-09-06 1
[2022] FCA 1331 Federal Court secondary 2022-11-02 Resolved 1
[2022] FWC 777 FWC secondary 2022-04-07 Against applicant 1
[2022] FCA 37 Federal Court secondary 2022-01-31 For applicant 1
[2021] WAIRC 85 WAIRC — Single Commissioner secondary 2021-03-26 For applicant 1
[2019] FCCA 1664 Federal Circuit Court secondary 2019-06-17 For applicant 1
[2017] FCA 167 Federal Court secondary 2017-03-01 Against applicant 1
[2016] FWC 105 FWC secondary 2016-01-01 For applicant 1
[2016] FWC 2848 FWC secondary 2016-01-01 Against applicant 1
[2016] FWC 1275 FWC secondary 2016-01-01 For applicant 1
[2016] FWC 1553 FWC secondary 2016-01-01 Resolved 1
[2016] FWC 1228 FWC secondary 2016-01-01 Against applicant 1
[2016] FWC 1375 FWC secondary 2016-01-01 Resolved 1
[2016] FWC 1901 FWC secondary 2016-01-01 For applicant 1
[2016] FWC 2074 FWC secondary 2016-01-01 Against applicant 1
[2016] FWC 2747 FWC secondary 2016-01-01 Against applicant 1
[2016] FWC 2900 FWC secondary 2016-01-01 Against applicant 1
[2016] FWC 2825 FWC secondary 2016-01-01 Against applicant 1
[2016] FWC 2526 FWC secondary 2016-01-01 For applicant 1
[2016] FWC 2821 FWC secondary 2016-01-01 Resolved 1
[2016] FWC 3507 FWC secondary 2016-01-01 Against applicant 1
[2016] FWC 3793 FWC secondary 2016-01-01 Against applicant 1
[2016] FWC 4259 FWC secondary 2016-01-01 Against applicant 1
[2016] FWC 4573 FWC secondary 2016-01-01 For applicant 1
[2016] FWC 4607 FWC secondary 2016-01-01 Against applicant 1
[2016] FWC 4906 FWC secondary 2016-01-01 For applicant 1
[2016] FWC 4649 FWC secondary 2016-01-01 Against applicant 1
[2016] FWC 5085 FWC secondary 2016-01-01 Against applicant 1
[2015] FWC 3513 FWC secondary 2015-05-27 Against applicant 1
[2015] FWC 318 FWC secondary 2015-01-01 Against applicant 1
[2015] FWC 682 FWC secondary 2015-01-01 For applicant 1
[2015] FWC 897 FWC secondary 2015-01-01 For applicant 1
[2015] FWC 1029 FWC secondary 2015-01-01 Against applicant 1
[2014] FWC 22 FWC secondary 2014-01-01 Against applicant 1
[2013] WAIRC 344 WAIRC — Single Commissioner secondary 2013-06-10 Against applicant 1
[2013] FWC 10 FWC secondary 2013-01-01 Resolved 1
[2013] FWC 659 FWC secondary 2013-01-01 Against applicant 1
[2012] FWA 10270 FWA (former) secondary 2012-12-18 Against applicant 1
[2011] FWAFB 6487 FWAFB secondary 2011-09-22 Against applicant 1
[2010] FWA 1810 FWA (former) secondary 2010-03-10 Against applicant 1
[2009] FWA 1406 FWA (former) secondary 2010-03-02 Against applicant 1
[2008] FCAFC 41 Federal Court — Full Court secondary 2008-03-20 Resolved 1
[2003] FCA 69 Federal Court secondary 2003-02-12 Against applicant 1
[2026] FWC 77 FWC secondary 2026-01-01 Against applicant 0
[2026] FWC 119 FWC secondary 2026-01-01 Against applicant 0
[2026] FWC 179 FWC secondary 2026-01-01 Against applicant 0
[2026] FWC 217 FWC secondary 2026-01-01 Against applicant 0
[2026] FWC 347 FWC secondary 2026-01-01 For applicant 0
[2026] FWC 435 FWC secondary 2026-01-01 For applicant 0
[2026] FWC 371 FWC secondary 2026-01-01 For applicant 0
[2026] FWC 508 FWC secondary 2026-01-01 For applicant 0
[2026] FWC 512 FWC secondary 2026-01-01 Against applicant 0
[2026] FWC 554 FWC secondary 2026-01-01 Against applicant 0
[2026] FWC 557 FWC secondary 2026-01-01 Against applicant 0
[2026] FWC 740 FWC secondary 2026-01-01 Against applicant 0
[2026] FWC 913 FWC secondary 2026-01-01 Against applicant 0
[2026] FWC 955 FWC secondary 2026-01-01 For applicant 0
[2026] FWC 898 FWC secondary 2026-01-01 Resolved 0
[2026] FWC 912 FWC secondary 2026-01-01 For applicant 0
[2026] FWC 1052 FWC secondary 2026-01-01 Against applicant 0
[2026] FWC 1091 FWC secondary 2026-01-01 Against applicant 0
[2026] FWC 1122 FWC secondary 2026-01-01 Against applicant 0
[2026] FWC 1290 FWC secondary 2026-01-01 For applicant 0
[2026] FWC 1177 FWC secondary 2026-01-01 Resolved 0
[2026] FWC 1316 FWC secondary 2026-01-01 For applicant 0
[2026] FWC 1352 FWC secondary 2026-01-01 For applicant 0
[2026] FWC 1511 FWC secondary 2026-01-01 Against applicant 0
[2026] FWC 1620 FWC secondary 2026-01-01 Against applicant 0
[2026] FWC 1616 FWC secondary 2026-01-01 Against applicant 0
[2026] FWCFB 86 FWC — Full Bench secondary 2026-01-01 Against applicant 0
[2025] WAIRC 00866 WAIRC — Single Commissioner secondary 2025-10-20 Resolved 0
[2025] FWC 116 FWC secondary 2025-01-01 For applicant 0
[2025] FWC 142 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 186 FWC secondary 2025-01-01 Resolved 0
[2025] FWC 218 FWC secondary 2025-01-01 For applicant 0
[2025] FWC 263 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 169 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 294 FWC secondary 2025-01-01 For applicant 0
[2025] FWC 370 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 457 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 424 FWC secondary 2025-01-01 For applicant 0
[2025] FWC 603 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 660 FWC secondary 2025-01-01 Resolved 0
[2025] FWC 790 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 698 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 732 FWC secondary 2025-01-01 For applicant 0
[2025] FWC 744 FWC secondary 2025-01-01 For applicant 0
[2025] FWC 1043 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 1219 FWC secondary 2025-01-01 For applicant 0
[2025] FWC 1335 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 1339 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 1238 FWC secondary 2025-01-01 Resolved 0
[2025] FWC 1398 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 1597 FWC secondary 2025-01-01 For applicant 0
[2025] FWC 1485 FWC secondary 2025-01-01 For applicant 0
[2025] FWC 1591 FWC secondary 2025-01-01 For applicant 0
[2025] FWC 1554 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 1750 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 1849 FWC secondary 2025-01-01 For applicant 0
[2025] FWC 1887 FWC secondary 2025-01-01 For applicant 0
[2025] FWC 1942 FWC secondary 2025-01-01 For applicant 0
[2025] FWC 1779 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 1797 FWC secondary 2025-01-01 For applicant 0
[2025] FWC 1876 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 1941 FWC secondary 2025-01-01 For applicant 0
[2025] FWC 1945 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 2116 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 2097 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 2171 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 2191 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 2245 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 2414 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 2280 FWC secondary 2025-01-01 For applicant 0
[2025] FWC 2316 FWC secondary 2025-01-01 Resolved 0
[2025] FWC 2341 FWC secondary 2025-01-01 Resolved 0
[2025] FWC 2490 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 2498 FWC secondary 2025-01-01 For applicant 0
[2025] FWC 2447 FWC secondary 2025-01-01 For applicant 0
[2025] FWC 2594 FWC secondary 2025-01-01 For applicant 0
[2025] FWC 2606 FWC secondary 2025-01-01 For applicant 0
[2025] FWC 2844 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 2719 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 2826 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 2819 FWC secondary 2025-01-01 For applicant 0
[2025] FWC 2887 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 2916 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 3280 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 3394 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 3342 FWC secondary 2025-01-01 For applicant 0
[2025] FWC 3550 FWC secondary 2025-01-01 Against applicant 0
[2024] WAIRC 847 WAIRC — Single Commissioner secondary 2024-09-25 For applicant 0
[2024] WAIRC 89 WAIRC — Full Bench secondary 2024-03-01 Resolved 0
[2023] WAIRC 932 WAIRC — Single Commissioner secondary 2023-11-29 Against applicant 0
[2023] WAIRC 287 WAIRC — Single Commissioner secondary 2023-03-02 Against applicant 0
[2023] WAIRC 60 PSAB (former) secondary 2023-02-07 Against applicant 0
[2019] WAIRC 724 WAIRC — Single Commissioner secondary 2019-10-02 Against applicant 0
[2019] FWCFB 4015 FWC — Full Bench secondary 2019-06-20 Resolved 0
[2018] WAIRC 686 WAIRC — Single Commissioner secondary 2018-08-10 For applicant 0
[2017] FWCFB 4562 FWC — Full Bench secondary 2017-01-01 For applicant 0
[2017] FWC 73 FWC secondary 2017-01-01 Against applicant 0
[2017] FWC 147 FWC secondary 2017-01-01 Against applicant 0
[2017] FWC 87 FWC secondary 2017-01-01 Against applicant 0
[2017] FWC 105 FWC secondary 2017-01-01 For applicant 0
[2017] FWC 665 FWC secondary 2017-01-01 Against applicant 0
[2017] FWC 154 FWC secondary 2017-01-01 Resolved 0
[2017] FWC 1026 FWC secondary 2017-01-01 Against applicant 0
[2017] FWC 366 FWC secondary 2017-01-01 Against applicant 0
[2017] FWC 888 FWC secondary 2017-01-01 For applicant 0
[2016] WAIRC 888 WAIRC — Single Commissioner secondary 2016-11-18 For applicant 0
[2016] WAIRC 753 WAIRC — Single Commissioner secondary 2016-09-12 Against applicant 0
[2016] FWC 6 FWC secondary 2016-01-01 Against applicant 0
[2016] FWC 203 FWC secondary 2016-01-01 For applicant 0
[2016] FWC 1276 FWC secondary 2016-01-01 Against applicant 0