Daniel John Spry -v- Beaver Tree Services Aust Pty Ltd

Document Type: Order

Matter Number: B 1/2021

Matter Description: Contractual benefit claim

Industry: Gardening

Jurisdiction: Single Commissioner

Member/Magistrate name: Commissioner T B Walkington

Delivery Date: 10 Sep 2021

Result: Direction issued

Citation: 2021 WAIRC 00496

WAIG Reference: 101 WAIG 1262

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2021 WAIRC 00496
CONTRACTUAL BENEFIT CLAIM
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES DANIEL JOHN SPRY
APPLICANT
-V-
BEAVER TREE SERVICES AUST PTY LTD
RESPONDENT
CORAM COMMISSIONER T B WALKINGTON
DATE FRIDAY, 10 SEPTEMBER 2021
FILE NO. B 1 OF 2021
CITATION NO. 2021 WAIRC 00496

Result Direction issued

Representation
APPLICANT MS J RAFTOS (OF COUNSEL)

RESPONDENT MR G SMITH (OF COUNSEL)


Direction

WHEREAS on 27 August 2021 the respondent filed with the Commission an application pursuant to section 27(1)(a) of the Industrial Relations Act 1979 (WA), seeking that the matter be summarily dismissed or alternatively struck out; and
HAVING heard from Mr J Raftos (of counsel) on behalf of the applicant and Mr G Smith (of counsel) on behalf of the respondent, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby directs:
1. THAT the section 27(1)(a) application be heard on the papers;
2. That the respondent file and serve an outline of submissions and any affidavits upon which they intend to rely by no later than 15 September 2021;
3. THAT the applicant file and serve an outline of submissions and any affidavits upon which they intend to rely by no later than 22 September 2021;
4. THAT the respondent may file and serve written submissions in reply by 29  September 2021; and



5. THAT the parties have liberty to apply.






COMMISSIONER T B WALKINGTON
Daniel John Spry -v- Beaver Tree Services Aust Pty Ltd

CONTRACTUAL BENEFIT CLAIM

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

PARTIES Daniel John Spry

APPLICANT

-v-

Beaver Tree Services Aust Pty Ltd

RESPONDENT

CORAM Commissioner T B Walkington

DATE Friday, 10 September 2021

FILE NO. B 1 OF 2021

CITATION NO. 2021 WAIRC 00496

 

Result Direction issued

 


Representation 

Applicant Ms J Raftos (of counsel)

 

Respondent Mr G Smith (of counsel)

 

 

Direction

 

WHEREAS on 27 August 2021 the respondent filed with the Commission an application pursuant to section 27(1)(a) of the Industrial Relations Act 1979 (WA), seeking that the matter be summarily dismissed or alternatively struck out; and

HAVING heard from Mr J Raftos (of counsel) on behalf of the applicant and Mr G Smith (of counsel) on behalf of the respondent, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby directs:

1. THAT the section 27(1)(a) application be heard on the papers;

2. That the respondent file and serve an outline of submissions and any affidavits upon which they intend to rely by no later than 15 September 2021;

3. THAT the applicant file and serve an outline of submissions and any affidavits upon which they intend to rely by no later than 22 September 2021;

4. THAT the respondent may file and serve written submissions in reply by 29  September 2021; and

 

 

 

5. THAT the parties have liberty to apply.

 

 

 

 

 

 

Commissioner T B Walkington