The Public Transport Authority of Western Australia v The Australian Rail, Tram and Bus Industry Union of Employees, West Australian Branch

[2015] WASCA 150

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Industrial Law (WA)
2. › Industrial Relations Commission
3. › Appeals to Industrial Appeal Court
4. › Jurisdiction
5. › Error in construction or interpretation of Act
6. › Whether disagreement with application of 'public interest' criterion constitutes error of construction
7. › Industrial Relations Act 1979 (WA), ss 27(1)(a)(ii), 90(1)(b)
1. Industrial Law (WA)
2. › Industrial Relations Commission
3. › Power to dismiss proceedings
4. › Public interest
5. › Whether further proceedings not desirable in the public interest
6. › Potential conflict with Supreme Court decision
7. › Industrial Relations Act 1979 (WA), s 27(1)(a)(ii)
1. Practice and Procedure
2. › Costs
3. › Industrial Appeal Court
4. › Whether appeal frivolously or vexatiously instituted
5. › Test for enlivening discretion to award costs for legal practitioner services
6. › Industrial Relations Act 1979 (WA), s 86(2)

Quick Take

An appeal to the 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 the Act, not merely an error in the application of correctly understood law to the facts. Disagreement with the Full Bench's factual findings or its application of the 'public interest' criterion does not constitute an error of construction. The dissenting judgment of E M Heenan J in Personnel Contracting is not authority for the proposition that any disagreement about whether further proceedings are desirable in the public interest constitutes an error of construction.