Under consideration by Industrial Magistrate Tsang was an application, seeking a review of a compliance notice issued by the respondent, Ms Catalucci, an Industrial Inspector, under the Industrial Relations Act 1979 (WA). The notice alleged that the applicant contravened the Long Service Leave Act 1958 (WA) by not paying pro rata long service leave to Mr McCormick upon his employment termination in October 2020. The compliance notice required the applicant to remedy the contravention by paying Mr McCormick $9,345.21.

The applicant did not dispute the employment period or the calculation but argued that Mr McCormick was not entitled to long service leave because his two employment periods were not continuous. The central legal question was whether the termination of Mr McCormick’s apprenticeship contract, leading to a break in employment, affected his entitlement to long service leave.

Tsang IM analysed the statutory construction of “continuous employment” under the Long Service Leave Act. Tsang IM rejected the applicant’s arguments, finding that the completion of the apprenticeship did not terminate Mr McCormick’s employment relationship, and his subsequent role as an Electrician constituted continuous employment. Tsang IM emphasised the ordinary meaning of the statute, its legislative purpose, and the absence of specific provisions deeming the termination of an apprenticeship as a break in continuous employment.

Ultimately, Tsang IM concluded that Mr McCormick’s employment was continuous, lasting from 23 October 2012 to 29 October 2020. Consequently, the applicant was obligated to pay pro rata long service leave, and since the company failed to prove otherwise, the compliance notice was confirmed, and the application was dismissed.

The decision can be read here.

In an application under section 66 of the Industrial Relations Act 1979 (WA), the applicant sought an order to establish an interim Board of Directors due to a misalignment of rules between the respondent and its federal counterpart, the Police Federation of Australia Western Australia Police Branch (PFAWA). Chief Commissioner Kenner affirmed the applicant’s standing to bring the proceedings, as a member of the respondent.

Due to changes in the PFAWA’s rules, it was doubtful that the respondent’s section 71 certificate, relieving it from holding elections for office holders, was effective. Consequently, the respondent aims to realign its rules with the PFAWA and seek a new section 71 certificate. Simultaneously, the applicant sought the establishment of an Interim Board of Directors to manage the respondent’s affairs during this transitional phase.

After reviewing the application and hearing both parties, Kenner CC decided to establish an Interim Board of Directors. Comprising members elected to the PFAWA Branch Executive, this Interim Board will function with all of the powers of the Board, outlined in the respondent’s rules. Kenner CC’s order exempts the respondent from holding an election during the order’s duration. The order will cease upon rule alterations being made and the issuance of a new section 71 certificate by the Full Bench.

The decision can be read here.