REVIEW OF DECISION OF THE CONSTRUCTION INDUSTRY LONG SERVICE LEAVE PAYMENTS BOARD GIVEN ON 12 MAY 2025

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Caleb Hodge

APPLICANT

-v-

My Leave Construction

RESPONDENT

CORAM Commissioner T Emmanuel

DATE Tuesday, 24 June 2025

FILE NO/S APPL 30 OF 2025

CITATION NO. 2025 WAIRC 00381

Result Application discontinued

Representation

Applicant On his own behalf

Respondent Ms R Harding (of counsel) & Mr R Lewis (of counsel)

Order

WHEREAS this is an application under s 50 of the Construction Industry Portable Paid Long Service Leave Act 1985 (WA);

AND WHEREAS the applicant emailed the Commission on 12 June 2025 and said that he would like to discontinue application APPL 30 of 2025 ‘in the circumstances of what has been clearly stated that [he is] pressured to withdraw the application’;

AND WHEREAS the respondent emailed the Commission on 13 June 2025 stating that it does not consent to the application being discontinued ‘in circumstances where it is stated to have been motivated by the concerns outlined in the applicant’s email’;

AND WHEREAS on 13 June 2025, the Commission asked the applicant to consider the respondent’s email dated 13 June 2025 and tell the Commission by 20 June 2025 if he had changed his mind about wanting to discontinue application APPL 30 of 2025. The Commission informed the applicant that if he did not tell the Commission by 20 June 2025 that he had changed his mind, then the Commission will understand that the applicant still wishes to discontinue application APPL 30 of 2025, and will issue an order discontinuing application APPL 30 of 2025;

AND WHEREAS the applicant did not tell the Commission that he had changed his mind about wanting to discontinue application APPL 30 of 2025 by 20 June 2025 or at all;

NOW THEREFORE the Commission, having heard from the parties and pursuant to the powers conferred by the Industrial Relations Act 1979 (WA), orders –

THAT application APPL 30 of 2025 be, and by this order is, discontinued.

Commissioner T Emmanuel