UNFAIR DISMISSAL APPLICATION

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Stefan John Frodsham

APPLICANT

-v-

Western Metropolitan Regional Council

RESPONDENT

CORAM Senior Commissioner R Cosentino

DATE Monday, 18 March 2024

FILE NO. U 5 OF 2024

CITATION NO. 2024 WAIRC 00107

Result Direction issued

Representation 

Applicant No appearance

Respondent Mr A Sinanovic (of counsel)

Direction

HAVING heard from Mr A Sinanovic of counsel on behalf of the respondent and there being no appearance on behalf of the applicant, the Commission, pursuant to the powers conferred on it by the Industrial Relations Act 1979 (WA), hereby directs –

1. THAT subject to any further order, the question of whether the Commission’s jurisdiction to determine the applicant’s claim is excluded by s 29AA(3) of the Industrial Relations Act 1979 (WA) (jurisdictional issue) be determined on the papers.

2. THAT by 3 April 2024, the applicant file:

a. any witness statement(s) to be the evidence in chief of any witness(es) whose evidence the applicant relies on in respect of the jurisdictional issue, such witness statement(s) to comply with Practice Note 9 of 2021;

b. any documents the applicant relies upon as evidence in respect of the jurisdictional issue, not otherwise contained in the witness statement(s); and

c. any written submissions on which the applicant relies in respect of the jurisdictional issue.

3. THAT by 10 April 2024, the respondent file:

a.  any witness statement(s) to be the evidence in chief of any witness(es) whose evidence the respondent relies on in respect of the jurisdictional issue, such witness statement(s) to comply with Practice Note 9 of 2021;

b.  any documents the respondent relies upon as evidence in respect of the jurisdictional issue, not otherwise contained in the witness statement(s); and

c.  any written submissions on which the respondent relies in respect of the jurisdictional issue.

4. THAT the parties have liberty to apply by no later than 17 April 2024 to file any further evidence, to file any further submissions, or to have the jurisdictional issue determined at a hearing.

Senior Commissioner R Cosentino