UNFAIR DISMISSAL APPLICATION

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Rita Gail Carnes

APPLICANT

-v-

Wilinggin Aboriginal Corporation

RESPONDENT

CORAM Commissioner C Tsang

DATE WEDNESDAY, 9 April 2025

FILE NO. U 17 OF 2025

CITATION NO. 2025 WAIRC 00231

Result Direction issued

Representation 

Applicant Ms E Edmands (of counsel)

Respondent Mr A Mumford (of counsel)

Direction

HAVING heard from Ms E Edmands (of counsel) on behalf of the applicant and Mr A Mumford (of counsel) on behalf of the respondent at the Directions Hearing on 8 April 2025, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby directs –

 Jurisdictional issue

1. THAT the question of whether the respondent is a national system employer pursuant to s 14(1)(a) of the Fair Work Act 2009 (Cth) (jurisdictional issue) be determined as a preliminary issue.

2. THAT the respondent file by Tuesday, 29 April 2025:

(a) Any affidavit(s) addressing the jurisdictional issue, which may include the respondent’s constitution, its activities and financial records.

(b) Legal submissions addressing the jurisdictional issue.

3. THAT the applicant file by Tuesday, 13 May 2025:

(a) Any affidavit(s) addressing the jurisdictional issue.

(b) Legal submissions addressing the jurisdictional issue.

4. THAT subject to further order, the jurisdictional issue be determined on the papers.

5. THAT the parties have liberty to apply.

Substantive matter

Subject to the Commission determining the jurisdictional issue and issuing an Order giving effect to the Commission’s jurisdiction (The Order):

6. THAT the matter be listed for a 3-day hearing, to be scheduled not before:

(a) The Commission issuing The Order; and

(b) 2-weeks following the date of Direction 11 below.

7. THAT by no later than 4-weeks following the date of The Order, the parties file:

(a) An agreed statement that identifies:

 (i) The agreed facts.

 (ii) The agreed issues that are to be determined at the hearing.

 (iii)  The agreed legal principles applicable to the issued at 7(a)(ii) above.

(b) A bundle of agreed documents.

8. THAT by no later than 2-weeks following the date of Direction 7 above, the applicant file outlines of witness evidence and any documents (other than those in the bundle of agreed documents).

9. THAT by no later than 2-weeks following the date of Direction 8 above, the respondent file outlines of witness evidence and any documents (other than those in the bundle of agreed documents).

10. THAT by no later than 2-weeks following the date of Direction 9 above, the applicant file an outline of legal submissions.

11. THAT by no later than 2-weeks following the date of Direction 10 above, the respondent file an outline of legal submissions.

Commissioner C Tsang