APPLICATION FOR EXTERNAL REVIEW PURSUANT TO SECTION 229 OF THE WORK HEALTH AND SAFETY ACT 2020

THE WORK HEALTH AND SAFETY TRIBUNAL

PARTIES CITIC PACIFIC MINING MANAGEMENT PTY LTD

APPLICANT

-v-

WorkSafe Commissioner

RESPONDENT

CORAM Commissioner T Emmanuel

DATE WEDNesday, 17 April 2024

FILE NO/S WHST 1 OF 2024

CITATION NO. 2024 WAIRC 00168

Result Order issued

Representation

Applicant Ms S Harrison (of counsel)

Respondent Mr A Hay (of counsel)

Order

WHEREAS this is an application for an external review of a decision;

AND WHEREAS the parties have reached an agreement about how application WHST 1 of 2024 should be resolved, as set out in the minute of consent orders dated 11 April 2024 (annexed to this order) provided by the parties;

AND WHEREAS in accordance with s 229A(6) of the Work Health and Safety Act (WA), the Tribunal may act under s 229A(5)(a) and vary the decision with the agreement of the applicant and the decision-maker;

AND WHEREAS in the circumstances the Tribunal is satisfied that the consent orders sought should be made;

NOW THEREFORE the Tribunal, pursuant to s 229A(5)(a) and s 229A(6) of the Work Health and Safety Act 2020 (WA), orders –

1. The decision to confirm improvement notice NV-076-549628 is set aside; and

2. Improvement notice NV-076-549628 is cancelled.

Commissioner T Emmanuel