An appeal to the WA Industrial Appeal Court under s 90(1)(b) of the Industrial Relations Act 1979 (WA) requires identification of an error in the construction or interpretation of a statutory provision, regulation, award, industrial agreement or order. Alleged errors by the Full Bench in applying established common law contractual principles (including principles governing implied terms) to the facts of an individual contractual benefits claim do not satisfy the jurisdictional threshold of s 90(1)(b).
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
4 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.