Construction, Forestry and Maritime Employees' Union; The Australian Workers' Union -v- WorkSafe Commissioner
Document Type: Order
Matter Number: WHST 2/2025
Matter Description: Application for external review pursuant to section 229 of the Work Health and Safety Act 2020
Industry: Unions
Jurisdiction: Work Health and Safety Tribunal
Member/Magistrate name: Commissioner T Emmanuel
Delivery Date: 16 Jun 2025
Result: Programming orders issued
Citation: 2025 WAIRC 00362
WAIG Reference: 105 WAIG 1276
APPLICATION FOR EXTERNAL REVIEW PURSUANT TO SECTION 229 OF THE WORK HEALTH AND SAFETY ACT 2020
THE WORK HEALTH AND SAFETY TRIBUNAL
PARTIES CONSTRUCTION, FORESTRY AND MARITIME EMPLOYEES' UNION, THE AUSTRALIAN WORKERS’ UNION
APPLICANTS
-V-
WORKSAFE COMMISSIONER
RESPONDENT
CORAM COMMISSIONER T EMMANUEL
DATE MONDAY, 16 JUNE 2025
FILE NO/S WHST 2 OF 2025, WHST 3 OF 2025
CITATION NO. 2025 WAIRC 00362
Result Programming orders issued
Representation
APPLICANTS MR M QUINN (OF COUNSEL) & MR J SHINTARO (AS AGENT)
RESPONDENT MS H WREFORD (OF COUNSEL)
Programming orders
HAVING heard from Mr M Quinn (of counsel) on behalf of the Construction, Forestry and Maritime Employees’ Union, Mr J Shintaro (as agent) on behalf of the Australian Workers’ Union, and Ms H Wreford (of counsel) on behalf of the WorkSafe Commissioner, the Work Health and Safety Tribunal, pursuant to the powers conferred by the Industrial Relations Act 1979 (WA) and the Work Health and Safety Act 2020 (WA), orders –
1. THAT by Friday, 27 June 2025, the parties file in the Registry a statement of agreed facts and bundle of agreed documents;
2. THAT by Monday, 7 July 2025, the WorkSafe Commissioner file in the Registry outlines of any evidence and any documents (not being agreed documents) upon which she seeks to rely;
3. THAT by Thursday, 17 July 2025, the Construction, Forestry and Maritime Employees’ Union and the Australian Workers’ Union file in the Registry outlines of any evidence and any documents (not being agreed documents) upon which they seek to rely;
4. THAT by Monday, 28 July 2025, the WorkSafe Commissioner file in the Registry written submissions;
5. THAT by Thursday, 7 August 2025, the Construction, Forestry and Maritime Employees’ Union and the Australian Workers’ Union file in the Registry written submissions;
6. THAT by Monday, 18 August 2025, the WorkSafe Commissioner file reply submissions in the Registry if she wishes to do so;
7. THAT there be informal discovery; and
8. THAT these matters are to be listed on dates to be fixed.
COMMISSIONER T EMMANUEL
APPLICATION FOR EXTERNAL REVIEW PURSUANT TO SECTION 229 OF THE WORK HEALTH AND SAFETY ACT 2020
THE WORK HEALTH AND SAFETY TRIBUNAL
PARTIES Construction, Forestry and Maritime Employees' Union, THE AUSTRALIAN WORKERS’ UNION
APPLICANTS
-v-
WorkSafe Commissioner
RESPONDENT
CORAM Commissioner T Emmanuel
DATE MONDAY, 16 June 2025
FILE NO/S WHST 2 OF 2025, WHST 3 of 2025
CITATION NO. 2025 WAIRC 00362
Result Programming orders issued
Representation
Applicants Mr M Quinn (of counsel) & Mr J Shintaro (as agent)
Respondent Ms H Wreford (of counsel)
Programming orders
HAVING heard from Mr M Quinn (of counsel) on behalf of the Construction, Forestry and Maritime Employees’ Union, Mr J Shintaro (as agent) on behalf of the Australian Workers’ Union, and Ms H Wreford (of counsel) on behalf of the WorkSafe Commissioner, the Work Health and Safety Tribunal, pursuant to the powers conferred by the Industrial Relations Act 1979 (WA) and the Work Health and Safety Act 2020 (WA), orders –
1. THAT by Friday, 27 June 2025, the parties file in the Registry a statement of agreed facts and bundle of agreed documents;
2. THAT by Monday, 7 July 2025, the WorkSafe Commissioner file in the Registry outlines of any evidence and any documents (not being agreed documents) upon which she seeks to rely;
3. THAT by Thursday, 17 July 2025, the Construction, Forestry and Maritime Employees’ Union and the Australian Workers’ Union file in the Registry outlines of any evidence and any documents (not being agreed documents) upon which they seek to rely;
4. THAT by Monday, 28 July 2025, the WorkSafe Commissioner file in the Registry written submissions;
5. THAT by Thursday, 7 August 2025, the Construction, Forestry and Maritime Employees’ Union and the Australian Workers’ Union file in the Registry written submissions;
6. THAT by Monday, 18 August 2025, the WorkSafe Commissioner file reply submissions in the Registry if she wishes to do so;
7. THAT there be informal discovery; and
8. THAT these matters are to be listed on dates to be fixed.
Commissioner T Emmanuel