Joondalup Transport Pty Ltd -v- Onsite Reantal Group Operations Pty Limited (Onsite)

Document Type: Order

Matter Number: RFT 1/2025

Matter Description: Dispute re alleged contravention of the Owner-Drivers (Contracts and Disputes) Act 2007

Industry: Road Transport

Jurisdiction: Road Freight Transport Industry Tribunal

Member/Magistrate name: Commissioner T Kucera

Delivery Date: 17 Apr 2025

Result: Order issued

Citation: 2025 WAIRC 00246

WAIG Reference:

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2025 WAIRC 00246
DISPUTE RE ALLEGED CONTRAVENTION OF THE OWNER-DRIVERS (CONTRACTS AND DISPUTES) ACT 2007
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES JOONDALUP TRANSPORT PTY LTD
APPLICANT
-V-
ONSITE REANTAL GROUP OPERATIONS PTY LIMITED (ONSITE)
RESPONDENT
CORAM COMMISSIONER T KUCERA
DATE FRIDAY, 17 APRIL 2025
FILE NO/S RFT 1 OF 2025
CITATION NO. 2025 WAIRC 00246

Result Order issued
Representation


APPLICANT MR A DZIECIOL

RESPONDENT MR B SULAIMAN


Order
HAVING heard from Mr A Dzieciol on behalf of the applicant and Mr B Sulaiman on behalf of the respondent, the Road Freight Industry Tribunal (Tribunal), pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders by consent –
1. THAT discovery is to be informal.
2. THAT the parties are to file any statement of agreed facts and bundle of agreed documents in relation to the issue of whether the Tribunal has the jurisdiction to hear and determined the claim (jurisdictional issue) by Friday, 2 May 2025.
3. THAT by Friday, 16 May 2025 the applicant is to file:
a. any witness statements in relation to the jurisdictional issue, in the manner required by practice note 9 of 2021; and
b. any documents which are not agreed documents upon which the applicant intends to rely on in relation to the jurisdictional issue.
4. THAT by Friday, 30 May 2025 the respondent is to file:
a. any witness statements in relation to the jurisdictional issue, in the manner required by practice note 9 of 2021; and
b. any documents which are not agreed documents upon which they intend to rely on in relation to the jurisdictional issue.
5. THAT the applicant is to file an outline of written submissions in relation to the jurisdictional issue by Friday, 13 June 2025.
6. THAT the respondent is to file an outline of written submissions in relation to the jurisdictional issue by Friday, 27 June 2025.
7. THAT the appeal is to be listed for a one day hearing on the jurisdictional issue, not before Monday, 30 June 2025.
8. THAT there be liberty to apply.




COMMISSIONER T KUCERA
Joondalup Transport Pty Ltd -v- Onsite Reantal Group Operations Pty Limited (Onsite)

DISPUTE RE ALLEGED CONTRAVENTION OF THE OWNER-DRIVERS (CONTRACTS AND DISPUTES) ACT 2007

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

PARTIES Joondalup Transport Pty Ltd

APPLICANT

-v-

Onsite Reantal Group Operations Pty Limited (Onsite)

RESPONDENT

CORAM Commissioner T Kucera

DATE FRIday, 17 April 2025

FILE NO/S RFT 1 OF 2025

CITATION NO. 2025 WAIRC 00246

 

Result Order issued

Representation

 


Applicant Mr A Dzieciol

 

Respondent Mr B Sulaiman

 

 

Order

HAVING heard from Mr A Dzieciol on behalf of the applicant and Mr B Sulaiman on behalf of the respondent, the Road Freight Industry Tribunal (Tribunal), pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders by consent –

  1. THAT discovery is to be informal.
  2. THAT the parties are to file any statement of agreed facts and bundle of agreed documents in relation to the issue of whether the Tribunal has the jurisdiction to hear and determined the claim (jurisdictional issue) by Friday, 2 May 2025.
  3. THAT by Friday, 16 May 2025 the applicant is to file:
    1. any witness statements in relation to the jurisdictional issue, in the manner required by practice note 9 of 2021; and
    2. any documents which are not agreed documents upon which the applicant intends to rely on in relation to the jurisdictional issue.
  4. THAT by Friday, 30 May 2025 the respondent is to file:
    1. any witness statements in relation to the jurisdictional issue, in the manner required by practice note 9 of 2021; and
    2. any documents which are not agreed documents upon which they intend to rely on in relation to the jurisdictional issue.
  5. THAT the applicant is to file an outline of written submissions in relation to the jurisdictional issue by Friday, 13 June 2025.
  6. THAT the respondent is to file an outline of written submissions in relation to the jurisdictional issue by Friday, 27 June 2025.
  7. THAT the appeal is to be listed for a one day hearing on the jurisdictional issue, not before Monday, 30 June 2025.
  8. THAT there be liberty to apply.

 

 

 

 

Commissioner T Kucera