Sanwell Pty Ltd -v- Master Plumbers and Gasfitters Association of Western Australia (Union of Employers)
Document Type: Order
Matter Number: PRES 5/2019
Matter Description: Order pursuant to s.66
Industry: Unions
Jurisdiction: President
Member/Magistrate name: Chief Commissioner S J Kenner
Delivery Date: 16 Sep 2021
Result: Directions issued
Citation: 2021 WAIRC 00505
WAIG Reference: 101 WAIG 1346
ORDER PURSUANT TO S.66
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES SANWELL PTY LTD
APPLICANT
-V-
MASTER PLUMBERS AND GASFITTERS ASSOCIATION OF WESTERN AUSTRALIA (UNION OF EMPLOYERS)
RESPONDENT
CORAM CHIEF COMMISSIONER S J KENNER
DATE THURSDAY, 16 SEPTEMBER 2021
FILE NO. PRES 5 OF 2019
CITATION NO. 2021 WAIRC 00505
Result Directions issued
Representation
APPLICANT MS C BRAUER OF COUNSEL
RESPONDENT MS M BROWN OF COUNSEL
Direction
HAVING heard Ms C Brauer of counsel on behalf of the applicant and Ms M Brown of counsel on behalf of the respondent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby directs –
(1) THAT the applicant shall, in relation to the proposed amendment to application PRES 5/2019 dated 30 June 2020, file full particulars of the orders sought and the grounds in support thereof by 7 October 2021.
(2) THAT the respondent shall file an amended response within 21 days of service of the applicant’s particulars of proposed orders sought.
(3) THAT the parties shall give an informal discovery by letter of request.
(4) THAT the applicant and respondent file and serve an outline of submissions and any list of authorities upon which they intend to rely no later than three days prior to the date of hearing. The outline of submissions shall include the issue of the Commission’s jurisdiction to make the orders sought under s 66 of the Act.
(5) THAT the matter be listed for hearing on a date to be fixed by the Commission.
(6) THAT the parties have liberty to apply on short notice.
CHIEF COMMISSIONER S J KENNER
ORDER PURSUANT TO S.66
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Sanwell Pty Ltd
APPLICANT
-v-
Master Plumbers and Gasfitters Association of Western Australia (Union of Employers)
RESPONDENT
CORAM Chief Commissioner S J Kenner
DATE Thursday, 16 September 2021
FILE NO. PRES 5 OF 2019
CITATION NO. 2021 WAIRC 00505
Result Directions issued
Representation
Applicant Ms C Brauer of counsel
Respondent Ms M Brown of counsel
Direction
HAVING heard Ms C Brauer of counsel on behalf of the applicant and Ms M Brown of counsel on behalf of the respondent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby directs –
(1) THAT the applicant shall, in relation to the proposed amendment to application PRES 5/2019 dated 30 June 2020, file full particulars of the orders sought and the grounds in support thereof by 7 October 2021.
(2) THAT the respondent shall file an amended response within 21 days of service of the applicant’s particulars of proposed orders sought.
(3) THAT the parties shall give an informal discovery by letter of request.
(4) THAT the applicant and respondent file and serve an outline of submissions and any list of authorities upon which they intend to rely no later than three days prior to the date of hearing. The outline of submissions shall include the issue of the Commission’s jurisdiction to make the orders sought under s 66 of the Act.
(5) THAT the matter be listed for hearing on a date to be fixed by the Commission.
(6) THAT the parties have liberty to apply on short notice.
Chief Commissioner S J Kenner