Leading law firm Slater and Gordon has helped secure a victory for workers in a decision handed down by the Western Australian Industrial Appeal Court in favour of the WA Prison Officers Union (WAPOU).
Slater and Gordon's Practice Leader in Industrial and Employment Law, Andrea McNamara, who represented the Union in the successful 2025 appeal, said the judgement set an important precedent for certain corrective services officers in Western Australia to ensure they are paid correctly under their industrial agreement.
"We are extremely pleased with the decision handed down by the Appeal Court, which clearly outlines that Principal Officers, who are key figures in the State's correctional system, are rightly reimbursed for the important work they do. This case highlights why the wording and interpretations of industrial agreements are so important, no matter what industry you're in. The way one party interprets a word or item in an industrial agreement can be the difference between someone being able to pay their rent. The decision also underpins the importance of unions for workers across industries, particularly when they believe their rights have been overlooked," Ms McNamara said.
WAPOU, the appellant on behalf of the union worker at the centre of the dispute, said the decision was vindicating after the years long legal battle to get justice for not only the Principal Officer at the centre of the case, but for certain correctional officers across the state.
"This is a significant victory, as it reinforces the importance of the original decision. By upholding that decision, it demonstrates that workers' rights are worth defending, particularly the right to be paid fairly on public holidays. Prison Officers not only provide an essential service to the community, but they also work in what is essentially a 24/7 industry, making this outcome even more meaningful," WAPOU Assistant Secretary, Beven Hanlon said.
The appeal concerned a 2022 judgement in the WA Industrial Magistrates Court, alleging a violation of the Department of Justice Prison Officers' Industrial Agreement 2020. It centred on a Principal Officer in the Prison Service of Australia who worked on the King's Birthday in 2022 but was only paid their ordinary rate.
This caused a dispute between WAPOU and the WA Minister for Corrective Services, where the WA Industrial Magistrates Court found in favour of the Union worker. However, an appeal to the Western Australian Industrial Relations Commission in late 2022 overturned the decision, leaving the worker without reimbursement.
