Benchmark WA Industrial Relations Case Database

Senior public servant

factual WA senior_public_servant branch: factual_contexts

Synthesis · 87 tagged cases

87 tagged decisions (4 as primary). Of primary decisions, the most common outcome is 'granted' (1, 25%).

Outcome distribution

Outcomen%
For applicant granted 1 25%
Resolved partial 1 25%
Against applicant dismissed 1 25%
Resolved (unspecified) 1 25%

By jurisdiction

Courtn
Single Commissioner (WAIRC)44
Public Service Appeal Board (former)22
Fair Work Commission4
Industrial Appeal Court4
Full Bench (WAIRC)4
Industrial Magistrates Court2
Federal Court (Full Court)1
Fair Work Australia (former)1
Federal Court of Australia1
High Court of Australia1
WA Court of Appeal1
WASAT1
?1

Key articulated principles · 2

para 4 — from [2014] FCAFC 176 Federal Court — Full Court
Critical to a State's capacity to function is its ability to determine the number, identity, and terms and conditions of engagement of those at the higher levels of government, including Ministers, judges, heads of departments, and high-level statutory office holders.
Test: Higher levels of government test
para 4 — from [2014] FCAFC 176 Federal Court — Full Court
High-level statutory office holders are those whose salaries are determined by independent tribunal or constitutional arrangement and who exercise or advise on constitutional functions, such as judges, Solicitor-General, Director of Public Prosecutions, and Auditor-General.

Leading cases · by citation count

CitationCourtRoleCited
[2017] WAIRC 262 WAIRC — Single Commissioner secondary 5
[2013] WAIRC 32 PSAB (former) secondary 4
[2011] WAIRC 1041 PSAB (former) secondary 3
[2023] WAIRC 854 WAIRC — Single Commissioner secondary 1
[2022] WAIRC 776 PSAB (former) secondary 1
[2022] WAIRC 741 WAIRC — Single Commissioner secondary 1
[2016] FWC 117 FWC secondary 1
[2016] FWC 1460 FWC secondary 1

All tagged cases · 87

CitationCourtRoleDateOutcomeCited
[2022] WAIRC 10 WAIRC — Single Commissioner primary 2022-01-13 For applicant 0
[2014] FCAFC 176 Federal Court — Full Court primary 2014-12-19 Resolved 0
[2013] WAIRC 924 PSAB (former) primary 2013-10-29 Against applicant 0
(2013) 93 WAIG PSAB (former) primary 2011-09-21 0
[2017] WAIRC 262 WAIRC — Single Commissioner secondary 2017-05-12 Against applicant 5
[2013] WAIRC 32 PSAB (former) secondary 2013-01-21 Against applicant 4
[2011] WAIRC 1041 PSAB (former) secondary 2011-11-16 Resolved 3
[2023] WAIRC 854 WAIRC — Single Commissioner secondary 2023-11-03 Resolved 1
[2022] WAIRC 776 PSAB (former) secondary 2022-11-08 Against applicant 1
[2022] WAIRC 741 WAIRC — Single Commissioner secondary 2022-10-20 Against applicant 1
[2016] FWC 117 FWC secondary 2016-01-01 Resolved 1
[2016] FWC 1460 FWC secondary 2016-01-01 Resolved 1
[2016] FWC 4575 FWC secondary 2016-01-01 Against applicant 1
[2015] WAIRC 899 WAIRC — Single Commissioner secondary 2015-09-24 Against applicant 1
[2015] WAIRC 517 WAIRC — Single Commissioner secondary 2015-07-17 Against applicant 1
2026 WAIRC 00036 WAIRC — Single Commissioner secondary 2026-01-23 Against applicant 0
[2025] WAIRC 01007 WAIRC — Single Commissioner secondary 2025-12-19 For applicant 0
[2025] WAIRC 01004 WAIRC — Single Commissioner secondary 2025-12-19 For applicant 0
[2025] WAIRC 01008 WAIRC — Single Commissioner secondary 2025-12-19 For applicant 0
2025 WAIRC 00803 PSAB (former) secondary 2025-09-25 Against applicant 0
[2025] WAIRC 00680 WAIRC — Single Commissioner secondary 2025-08-07 For applicant 0
2025 WAIRC 00442 PSAB (former) secondary 2025-07-25 Against applicant 0
[2023] WAIRC 710 WAIRC — Single Commissioner secondary 2023-08-18 For applicant 0
[2023] WAIRC 674 PSAB (former) secondary 2023-08-10 Against applicant 0
[2023] WAIRC 291 WAIRC — Single Commissioner secondary 2023-05-25 For applicant 0
[2023] WAIRC 154 WAIRC — Single Commissioner secondary 2023-03-24 For applicant 0
(2024) 104 WAIG Industrial Appeal Court secondary 2022-11-01 Resolved 0
[2022] WAIRC 323 WAIRC — Single Commissioner secondary 2022-08-02 For applicant 0
[2022] WAIRC 300 WAIRC — Single Commissioner secondary 2022-07-14 Against applicant 0
[2022] WAIRC 203 PSAB (former) secondary 2022-05-11 Resolved 0
[2020] WAIRC 885 Industrial Appeal Court secondary 2020-11-02 Against applicant 0
[2020] WAIRC 863 WAIRC — Single Commissioner secondary 2020-10-22 Against applicant 0
[2020] WAIRC 358 WAIRC — Full Bench secondary 2020-06-25 Against applicant 0
[2019] WAIRC 140 WAIRC — Single Commissioner secondary 2019-03-21 Against applicant 0
[2018] WAIRC 897 WAIRC — Single Commissioner secondary 2018-12-14 Against applicant 0
[2018] WAIRC 668 PSAB (former) secondary 2018-07-27 Resolved 0
[2018] WAIRC 358 WAIRC — Single Commissioner secondary 2018-06-12 For applicant 0
[2017] WAIRC 938 WAIRC — Single Commissioner secondary 2017-11-13 Against applicant 0
[2017] WAIRC 922 PSAB (former) secondary 2017-11-07 Resolved 0
[2016] WAIRC 381 PSAB (former) secondary 2016-06-22 Against applicant 0
[2015] WAIRC 1023 WAIRC — Single Commissioner secondary 2015-11-17 Resolved 0
[2013] WAIRC 785 WAIRC — Single Commissioner secondary 2013-01-01 Against applicant 0
[2019] WAIRC 781 WAIRC — Full Bench mentioned 2019-11-01 Against applicant 9
[2011] FWA 4092 FWA (former) mentioned 2011-07-06 Against applicant 6
[2022] FCA 1234 Federal Court mentioned 2022-01-01 Resolved 5
[2013] WAIRC 830 PSAB (former) mentioned 2013-10-02 Against applicant 5
[1907] HCA 60 High Court mentioned 1907-01-01 Resolved 5
[2019] WAIRC 302 WAIRC — Single Commissioner mentioned 2019-06-20 For applicant 3
[2023] WAIRC 1 PSAB (former) mentioned 2023-01-05 Against applicant 2
[2016] WAIRC 902 WAIRC — Single Commissioner mentioned 2016-11-30 Resolved 2
[2024] WAIRC 773 PSAB (former) mentioned 2024-08-16 Against applicant 1
[2022] WAIRC 165 PSAB (former) mentioned 2022-04-28 Resolved 1
[2020] WAIRC 430 WAIRC — Single Commissioner mentioned 2020-07-27 For applicant 1
[2019] WAIRC 716 WAIRC — Full Bench mentioned 2019-09-18 Against applicant 1
[2019] WAIRC 28 WAIRC — Single Commissioner mentioned 2019-02-06 Against applicant 1
[2016] WAIRC 898 WAIRC — Single Commissioner mentioned 2016-11-29 Resolved 1
[2016] FWC 2532 FWC mentioned 2016-01-01 Against applicant 1
[2013] WAIRC 1048 PSAB (former) mentioned 2013-12-04 Against applicant 1
[2013] WAIRC 67 WAIRC — Single Commissioner mentioned 2013-02-06 Against applicant 1
[2010] WAIRC 1210 Industrial Magistrates Court mentioned 2010-01-01 Against applicant 1
[2003] WASCA 37 WA Court of Appeal mentioned 2003-03-10 Against applicant 1
[2026] WAIRC 00280 WAIRC — Single Commissioner mentioned 2026-05-07 Resolved 0
2025 WAIRC 01024 PSAB (former) mentioned 2025-12-23 Against applicant 0
[2025] WAIRC 00999 WAIRC — Single Commissioner mentioned 2025-12-19 For applicant 0
[2025] WAIRC 00371 WAIRC — Single Commissioner mentioned 2025-06-19 For applicant 0
[2024] WAIRC 985 WAIRC — Full Bench mentioned 2024-11-26 Against applicant 0
[2024] WASAT 103 WASAT mentioned 2024-09-17 0
[2024] WAIRC 136 WAIRC — Single Commissioner mentioned 2024-03-26 Against applicant 0
[2023] WAIRC 974 WAIRC — Single Commissioner mentioned 2023-12-19 Resolved 0
[2023] WAIRC 886 WAIRC — Single Commissioner mentioned 2023-11-10 Resolved 0
[2023] WAIRC 429 PSAB (former) mentioned 2023-08-02 Resolved 0
[2023] WAIRC 394 PSAB (former) mentioned 2023-07-24 Against applicant 0
[2020] WAIRC 942 WAIRC — Single Commissioner mentioned 2020-12-03 For applicant 0
[2020] WAIRC 746 WAIRC — Single Commissioner mentioned 2020-08-26 For applicant 0
[2020] WAIRC 744 WAIRC — Single Commissioner mentioned 2020-08-26 For applicant 0
[2020] WAIRC 119 PSAB (former) mentioned 2020-02-26 Against applicant 0
[2019] WAIRC 72 Industrial Appeal Court mentioned 2019-02-19 Against applicant 0
[2018] WAIRC 927 WAIRC — Single Commissioner mentioned 2018-12-21 For applicant 0
[2018] WAIRC 921 WAIRC — Single Commissioner mentioned 2018-12-21 For applicant 0
[2018] WAIRC 728 WAIRC — Single Commissioner mentioned 2018-09-05 Resolved 0
[2018] WAIRC 716 WAIRC — Single Commissioner mentioned 2018-08-28 For applicant 0
[2016] WAIRC 697 WAIRC — Single Commissioner mentioned 2016-08-11 For applicant 0
[2016] WAIRC 299 Industrial Magistrates Court mentioned 2016-05-12 Against applicant 0
[2016] WAIRC 99 PSAB (former) mentioned 2016-02-19 For applicant 0
[2015] WAIRC 427 WAIRC — Single Commissioner mentioned 2015-06-09 For applicant 0
[2007] WAIRComm 568 ? mentioned 2006-06-22 0
(1981) 61 WAIG Industrial Appeal Court mentioned 1981-01-01 For applicant 0