DISPUTE RE PROCEDURAL FAIRNESS IN RELATION TO ALLEGATIONS OF MISCONDUCT

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES United Workers Union (WA)

APPLICANT

-v-

Director General, Department of Education

RESPONDENT

CORAM Commissioner C Tsang

DATE Friday, 26 April 2024

FILE NO. C 10 OF 2024

CITATION NO. 2024 WAIRC 00187

Result Direction issued

Representation 

Applicant Mr M Giles

Respondent Mr D Anderson

Direction

WHEREAS on 8 March 2024, the applicant filed a Form 1B – Application for a Conference - s 44, Industrial Relations Act 1979;

AND WHEREAS on 10 April 2024, the Commission convened a conference at which the parties agreed to submit a minute of proposed consent directions concerning the Commission’s jurisdiction (Jurisdictional Issue);

NOW THEREFORE having heard from Mr M Giles on behalf of the applicant and Mr D Anderson (of counsel) on behalf of the respondent, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), and by consent, hereby directs –

1. THAT the Jurisdictional Issue be determined as a preliminary matter;

2. THAT the applicant file an outline of submissions (applicant’s outline) by Thursday, 9 May 2024;

3. THAT the respondent file an outline of submissions in response to the applicant’s outline (respondent’s outline) by Thursday, 23 May 2024;

4. THAT the applicant file an outline of submissions in reply to the respondent’s outline by Thursday, 6 June 2024;

5. THAT the parties have liberty to apply.

Commissioner C Tsang