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
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
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