Benchmark WA Industrial Relations Case Database

Senior management role

factual BOTH senior_management branch: factual_contexts

Synthesis · 204 tagged cases

204 tagged decisions (33 as primary). Of primary decisions, the most common outcome is '(unspecified)' (29, 88%).

Outcome distribution

Outcomen%
Resolved (unspecified) 29 88%
For applicant granted 2 6%
Against applicant dismissed 1 3%
Resolved partial 1 3%

By jurisdiction

Courtn
Fair Work Commission113
Single Commissioner (WAIRC)40
Fair Work Australia (former)12
Public Service Appeal Board (former)7
Federal Court of Australia7
Full Bench (WAIRC)6
Fair Work Commission (Full Bench)5
Fair Work Australia (Full Bench, former)4
WA Court of Appeal3
Industrial Magistrates Court3
AIRC Full Bench (former)1
Industrial Appeal Court1
Federal Court (Full Court)1
Australian Industrial Relations Commission (former)1

Key articulated principles · 10

para 22 — from [2002] WASCA 191 WA Court of Appeal
Where an employee occupies a senior managerial position and could reasonably be expected to set an impeccable example regarding business conduct such as expense claims, the rule permitting summary dismissal for dishonesty applies rather than the exception for trivial breaches.
Test: Senior position dishonesty test
para 60 — from [2010] FWAFB 3009 FWAFB
Commanders and ACFOs constitute a distinct organisational group for purposes of s.238(4A) because, whilst sharing some operational responsibilities with lower ranks, their qualitatively different senior management duties and their qualitatively smaller amount of time spent on operational incidents distinguishes them from Senior Station Officers and below.
Test: Organisational distinctness
para 67 — from [2010] FWAFB 3009 FWAFB
A potential conflict of interest arising from senior management employees being covered by the same agreement as the ranks they manage may be relevant to whether an order would promote fair and efficient bargaining, whether the group was fairly chosen, and whether it is reasonable to make the order.
Test: Conflict of interest consideration
para 59 — from [2016] FWC 4292 FWC
It is not unreasonable to expect higher standards of supervisory employees than of other employees. A Team Leader role requires the employee to lead by example.
para 63 — from [2012] WAIRC 59 WAIRC — Full Bench
The status of a position comprises not merely its clinical or professional standing but includes remuneration, and maintaining relativity between a head of department's salary and the salaries of positions reporting to that head is important to maintaining the status of that position.
para 72 — from [2014] FCCA 1124 Federal Circuit Court
Where senior management is directly involved in contraventions, a respondent cannot expect the court to take a lenient view of such transgressions.
para 38 — from [2012] FWA 1864 FWA (former)
Managerial employees have traditionally not been covered by awards, which is reflected in s.143(7) of the Fair Work Act requiring that modern awards not cover employees who, because of the nature or seniority of their role, have traditionally not been covered by awards.
para 7 — from [2017] WAIRC 324 WAIRC — Single Commissioner
Working additional hours outside normal work hours is an expected part of the duties of a professional person
para 32 — from [2026] FWC 1494 FWC
An Executive Assistant to the CEO in a health care organization, particularly one handling sensitive information and delegated authority over corporate travel systems, must maintain a high degree of trust, discretion, confidentiality and integrity; breach of such trust through misuse of delegated authority and concealment constitutes serious misconduct.
para 59 — from None
It is not unreasonable to expect higher standards of supervisory employees.

Leading cases · by citation count

CitationCourtRoleCited
[2010] FWAFB 3009 FWAFB primary 10
[2002] WASCA 191 WA Court of Appeal secondary 12
[2015] FWC 1269 FWC secondary 10
[2020] FCA 1290 Federal Court secondary 9
[2019] FCA 1827 Federal Court secondary 8
[2012] FWAFB 7184 FWAFB secondary 8
[2011] FCA 810 Federal Court secondary 7
[2022] WAIRC 208 WAIRC — Single Commissioner secondary 6

All tagged cases · 200

CitationCourtRoleDateOutcomeCited
[2010] FWAFB 3009 FWAFB primary 2010-04-14 Against applicant 10
[2026] FWC 34 FWC primary 2026-01-01 0
[2025] FWC 317 FWC primary 2025-01-01 Resolved 0
[2025] FWC 2805 FWC primary 2025-01-01 For applicant 0
[2025] FWC 445 FWC primary 2025-01-01 For applicant 0
[2024] FWC 1623 FWC primary 2024-01-01 0
[2024] FWC 2007 FWC primary 2024-01-01 0
[2023] FWC 429 FWC primary 2023-01-01 0
(2021) 101 WAIG 3 WAIRC — Single Commissioner primary 2020-11-27 0
(2020) 100 WAIG 12 PSAB (former) primary 2020-02-17 0
[2020] FWC 2572 FWC primary 2020-01-01 0
(2020) 100 WAIG 14 PSAB (former) primary 2019-11-04 0
[2016] FWCFB 6864 FWC — Full Bench primary 2016-09-26 0
[2014] FWCFB 5390 FWC — Full Bench primary 2014-08-13 0
FWC primary 2003-06-27 0
FWC primary 2003-01-30 0
(2000) 80 WAIG 1392 WAIRC — Single Commissioner primary 2000-03-13 0
(1999) 79 WAIG 1380 WAIRC — Single Commissioner primary 1999-04-15 0
(1999) 79 WAIG 768 WAIRC — Single Commissioner primary 1999-03-08 0
(1999) 79 WAIG 696 WAIRC — Single Commissioner primary 1999-02-23 0
(1998) 78 WAIG WAIRC — Single Commissioner primary 1998-08-04 0
(1998) 78 WAIG 2850 WAIRC — Single Commissioner primary 1998-06-09 0
(1998) 78 WAIG WAIRC — Single Commissioner primary 1997-12-24 0
(1997) 77 WAIG WAIRC — Single Commissioner primary 1997-11-21 0
(1997) 77 WAIG WAIRC — Single Commissioner primary 1997-03-18 0
(1996) 76 WAIG WAIRC — Single Commissioner primary 1996-10-11 0
(1996) 76 WAIG 3404 WAIRC — Single Commissioner primary 1996-08-30 0
(1996) 76 WAIG WAIRC — Single Commissioner primary 1996-08-23 0
(1996) 76 WAIG WAIRC — Single Commissioner primary 1996-07-23 0
(1996) 76 WAIG WAIRC — Single Commissioner primary 1996-07-02 0
(1996) 76 WAIG WAIRC — Single Commissioner primary 1996-05-23 0
(1996) 76 WAIG WAIRC — Single Commissioner primary 1996-01-12 0
(1985) 65 WAIG WAIRC — Single Commissioner primary 1985-08-07 0
[2002] WASCA 191 WA Court of Appeal secondary 2002-07-18 Resolved 12
[2015] FWC 1269 FWC secondary 2015-01-01 Against applicant 10
[2020] FCA 1290 Federal Court secondary 2020-09-07 Against applicant 9
[2019] FCA 1827 Federal Court secondary 2019-11-07 For applicant 8
[2012] FWAFB 7184 FWAFB secondary 2012-08-28 Against applicant 8
[2011] FCA 810 Federal Court secondary 2011-07-21 Resolved 7
[2022] WAIRC 208 WAIRC — Single Commissioner secondary 2022-05-18 Against applicant 6
[2016] FWC 2880 FWC secondary 2016-01-01 Against applicant 4
[2012] FWA 7049 FWA (former) secondary 2012-08-17 Against applicant 4
[2008] AIRCFB 81 AIRCFB secondary 2008-02-08 Against applicant 4
2025 WAIRC 00820 WAIRC — Full Bench secondary 2025-10-01 Resolved 2
[2024] WASCA 126 WA Court of Appeal secondary 2024-10-09 Against applicant 2
[2016] FWC 901 FWC secondary 2016-01-01 Against applicant 2
[2016] FWC 4614 FWC secondary 2016-01-01 Against applicant 2
[2015] FWC 437 FWC secondary 2015-01-01 For applicant 2
[2010] FWA 640 FWA (former) secondary 2010-02-01 Against applicant 2
[2026] FCA 334 Federal Court secondary 2026-03-20 Resolved 1
[2024] WAIRC 870 WAIRC — Single Commissioner secondary 2024-10-04 Against applicant 1
[2023] WAIRC 926 WAIRC — Single Commissioner secondary 2023-11-23 For applicant 1
[2022] WAIRC 661 PSAB (former) secondary 2022-09-13 For applicant 1
[2019] WAIRC 210 Industrial Magistrates Court secondary 2019-05-08 Resolved 1
[2017] WAIRC 1010 WAIRC — Full Bench secondary 2017-12-13 Against applicant 1
[2016] WAIRC 866 WAIRC — Single Commissioner secondary 2016-11-04 For applicant 1
[2016] FWC 6992 FWC secondary 2016-10-07 Against applicant 1
[2016] WASCA 3 WA Court of Appeal secondary 2016-01-08 Against applicant 1
[2016] FWC 107 FWC secondary 2016-01-01 Resolved 1
[2016] FWC 2971 FWC secondary 2016-01-01 For applicant 1
[2016] FWC 3262 FWC secondary 2016-01-01 Against applicant 1
[2016] FWC 302 FWC secondary 2016-01-01 Against applicant 1
[2016] FWC 1500 FWC secondary 2016-01-01 Against applicant 1
[2016] FWC 2665 FWC secondary 2016-01-01 Against applicant 1
[2016] FWC 2703 FWC secondary 2016-01-01 For applicant 1
[2016] FWC 2969 FWC secondary 2016-01-01 Against applicant 1
[2016] FWC 3709 FWC secondary 2016-01-01 Against applicant 1
[2016] FWC 3793 FWC secondary 2016-01-01 Against applicant 1
[2016] FWC 3830 FWC secondary 2016-01-01 Against applicant 1
[2016] FWC 4292 FWC secondary 2016-01-01 Against applicant 1
[2016] FWC 4002 FWC secondary 2016-01-01 Against applicant 1
[2016] FWC 4914 FWC secondary 2016-01-01 Resolved 1
[2015] FWC 256 FWC secondary 2015-01-01 Against applicant 1
[2015] FWC 655 FWC secondary 2015-01-01 For applicant 1
[2014] FWC 49 FWC secondary 2014-01-01 Against applicant 1
[2013] FWC 702 FWC secondary 2013-01-01 Resolved 1
[2013] FWC 264 FWC secondary 2013-01-01 Against applicant 1
[2012] FWA 4382 FWA (former) secondary 2012-05-24 For applicant 1
[2011] FWA 6818 FWA (former) secondary 2011-10-05 For applicant 1
[2010] FWA 7704 FWA (former) secondary 2010-10-15 For applicant 1
[2010] FWA 4626 FWA (former) secondary 2010-07-05 Against applicant 1
2026 WAIRC 00123 Industrial Magistrates Court secondary 2026-03-06 For applicant 0
[2026] FWC 159 FWC secondary 2026-01-01 Against applicant 0
[2026] FWC 387 FWC secondary 2026-01-01 Against applicant 0
[2026] FWC 420 FWC secondary 2026-01-01 For applicant 0
[2026] FWC 502 FWC secondary 2026-01-01 Against applicant 0
[2026] FWC 559 FWC secondary 2026-01-01 For applicant 0
[2026] FWC 552 FWC secondary 2026-01-01 Against applicant 0
[2026] FWC 636 FWC secondary 2026-01-01 Against applicant 0
[2026] FWC 640 FWC secondary 2026-01-01 Against applicant 0
[2026] FWC 883 FWC secondary 2026-01-01 Against applicant 0
[2026] FWC 894 FWC secondary 2026-01-01 Against applicant 0
[2026] FWC 1321 FWC secondary 2026-01-01 Against applicant 0
[2026] FWC 1511 FWC secondary 2026-01-01 Against applicant 0
[2026] FWC 1494 FWC secondary 2026-01-01 Against applicant 0
[2025] FWC 371 FWC secondary 2025-01-01 For applicant 0
[2025] FWC 583 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 1087 FWC secondary 2025-01-01 For applicant 0
[2025] FWC 1124 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 1276 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 1806 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 2205 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 2492 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 3290 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 3169 FWC secondary 2025-01-01 Against applicant 0
[2025] FWC 3272 FWC secondary 2025-01-01 For applicant 0
[2025] FWC 3219 FWC secondary 2025-01-01 Against applicant 0
[2024] WAIRC 959 PSAB (former) secondary 2024-11-07 Against applicant 0
[2022] WAIRC 130 WAIRC — Single Commissioner secondary 2022-03-30 Resolved 0
[2021] WAIRC 521 WAIRC — Single Commissioner secondary 2021-10-05 For applicant 0
[2020] WAIRC 302 PSAB (former) secondary 2020-06-02 Resolved 0
[2018] WAIRC 737 WAIRC — Single Commissioner secondary 2018-09-12 For applicant 0
[2017] WAIRC 324 WAIRC — Single Commissioner secondary 2017-06-13 Against applicant 0
[2017] FWC 3448 FWC secondary 2017-01-01 Against applicant 0
[2017] FWC 451 FWC secondary 2017-01-01 Against applicant 0
[2017] FWC 947 FWC secondary 2017-01-01 Against applicant 0
[2016] WAIRC 940 WAIRC — Single Commissioner secondary 2016-12-20 Resolved 0
[2016] WAIRC 15 WAIRC — Full Bench secondary 2016-01-11 Against applicant 0
[2016] FWC 379 FWC secondary 2016-01-01 Against applicant 0
[2016] FWC 1816 FWC secondary 2016-01-01 For applicant 0
[2015] WAIRC 1026 PSAB (former) secondary 2015-11-17 Resolved 0
[2015] FWC 513 FWC secondary 2015-01-01 Against applicant 0
[2015] FWC 745 FWC secondary 2015-01-01 For applicant 0
[2014] FCA 1124 Federal Court secondary 2014-10-21 Against applicant 0
[2012] WAIRC 1062 WAIRC — Single Commissioner secondary 2012-11-29 Resolved 0
[2012] FWA 1864 FWA (former) secondary 2012-03-08 Against applicant 0
[2012] WAIRC 88 WAIRC — Single Commissioner secondary 2012-02-21 Resolved 0
(2002) 82 WAIG 20 Industrial Appeal Court secondary 2002-05-01 Resolved 0
[2015] FWCFB 2267 FWC — Full Bench mentioned 2015-04-15 For applicant 16
[2010] FWAFB 8753 FWAFB mentioned 2010-11-12 Resolved 15
[2022] FCA 1234 Federal Court mentioned 2022-01-01 Resolved 5
[2012] FCAFC 146 Federal Court — Full Court mentioned 2012-10-24 Resolved 5
[2021] WAIRC 102 WAIRC — Full Bench mentioned 2021-04-15 Against applicant 4
[2020] FCA 485 Federal Court mentioned 2020-01-01 For applicant 4
[2014] FWCFB 613 FWC — Full Bench mentioned 2014-02-19 Against applicant 4
[2017] WAIRC 991 PSAB (former) mentioned 2017-12-08 Against applicant 2
[2015] WAIRC 973 WAIRC — Single Commissioner mentioned 2015-10-29 Against applicant 2
[2012] FWA 8384 FWA (former) mentioned 2012-10-01 Resolved 2
[2011] FWA 8025 FWA (former) mentioned 2011-11-25 Resolved 2
[2010] FWA 2946 FWA (former) mentioned 2010-04-15 For applicant 2
[2024] WAIRC 982 Industrial Magistrates Court mentioned 2024-11-21 Against applicant 1
[2017] WAIRC 805 WAIRC — Single Commissioner mentioned 2017-09-15 Resolved 1
[2016] FWC 117 FWC mentioned 2016-01-01 Resolved 1
[2016] FWC 584 FWC mentioned 2016-01-01 Against applicant 1
[2016] FWC 1505 FWC mentioned 2016-01-01 Against applicant 1
[2016] FWC 1991 FWC mentioned 2016-01-01 Resolved 1
[2016] FWC 2176 FWC mentioned 2016-01-01 For applicant 1
[2016] FWC 2532 FWC mentioned 2016-01-01 Against applicant 1
[2016] FWC 2451 FWC mentioned 2016-01-01 Against applicant 1
[2015] FWC 795 FWC mentioned 2015-01-01 For applicant 1
[2015] FWC 816 FWC mentioned 2015-01-01 Against applicant 1
[2014] FWC 52 FWC mentioned 2014-01-01 Against applicant 1
[2011] FWA 5491 FWA (former) mentioned 2011-08-25 Against applicant 1
[2010] FWA 2907 FWA (former) mentioned 2010-04-13 Resolved 1
[2007] AIRC 912 AIRC (former) mentioned 2007-10-24 Against applicant 1
2026 WAIRC 00261 WAIRC — Full Bench mentioned 2026-05-01 Against applicant 0
[2026] FWC 119 FWC mentioned 2026-01-01 Against applicant 0
[2026] FWC 291 FWC mentioned 2026-01-01 Against applicant 0
[2026] FWC 527 FWC mentioned 2026-01-01 Against applicant 0
[2026] FWC 754 FWC mentioned 2026-01-01 Against applicant 0
[2026] FWC 756 FWC mentioned 2026-01-01 Against applicant 0
[2026] FWC 835 FWC mentioned 2026-01-01 Against applicant 0
[2026] FWC 848 FWC mentioned 2026-01-01 Against applicant 0
[2026] FWC 893 FWC mentioned 2026-01-01 Against applicant 0
[2026] FWC 1590 FWC mentioned 2026-01-01 For applicant 0
[2025] FWC 117 FWC mentioned 2025-01-01 Against applicant 0
[2025] FWC 67 FWC mentioned 2025-01-01 For applicant 0
[2025] FWC 586 FWC mentioned 2025-01-01 Against applicant 0
[2025] FWC 450 FWC mentioned 2025-01-01 Against applicant 0
[2025] FWC 766 FWC mentioned 2025-01-01 Against applicant 0
[2025] FWC 737 FWC mentioned 2025-01-01 For applicant 0
[2025] FWC 750 FWC mentioned 2025-01-01 Against applicant 0
[2025] FWC 1352 FWC mentioned 2025-01-01 For applicant 0
[2025] FWC 1416 FWC mentioned 2025-01-01 Against applicant 0
[2025] FWC 1885 FWC mentioned 2025-01-01 For applicant 0
[2025] FWC 1938 FWC mentioned 2025-01-01 For applicant 0
[2025] FWC 2002 FWC mentioned 2025-01-01 Against applicant 0
[2025] FWC 2123 FWC mentioned 2025-01-01 Against applicant 0
[2025] FWC 2326 FWC mentioned 2025-01-01 For applicant 0
[2025] FWC 2675 FWC mentioned 2025-01-01 For applicant 0
[2025] FWC 2589 FWC mentioned 2025-01-01 Resolved 0
[2025] FWC 2798 FWC mentioned 2025-01-01 Against applicant 0
[2025] FWC 2853 FWC mentioned 2025-01-01 For applicant 0
[2025] FWC 3094 FWC mentioned 2025-01-01 Against applicant 0
[2024] WAIRC 992 WAIRC — Single Commissioner mentioned 2024-11-28 For applicant 0
[2024] WAIRC 173 WAIRC — Single Commissioner mentioned 2024-04-19 Against applicant 0
[2022] WAIRC 646 WAIRC — Single Commissioner mentioned 2022-09-02 For applicant 0
[2021] WAIRC 526 WAIRC — Single Commissioner mentioned 2021-10-06 For applicant 0
[2020] FWC 1340 FWC mentioned 2020-01-01 Resolved 0
[2020] FWC 1914 FWC mentioned 2020-01-01 Against applicant 0
[2019] FWC 8409 FWC mentioned 2019-12-13 Against applicant 0
[2018] FWC 2906 FWC mentioned 2018-01-01 Against applicant 0
[2017] FWC 819 FWC mentioned 2017-01-01 Against applicant 0
[2016] FWC 7039 FWC mentioned 2016-11-08 Against applicant 0
[2016] FWC 2364 FWC mentioned 2016-01-01 Resolved 0
[2016] FWC 3437 FWC mentioned 2016-01-01 Against applicant 0
[2015] WAIRC 921 WAIRC — Single Commissioner mentioned 2015-10-06 Against applicant 0
[2014] FWCFB 6662 FWC — Full Bench mentioned 2014-10-08 Against applicant 0
[2013] WAIRC 824 WAIRC — Single Commissioner mentioned 2013-09-26 Against applicant 0
[2013] WAIRC 367 WAIRC — Single Commissioner mentioned 2013-06-19 Resolved 0