Pat Thomas House Inc. -v- Western Australian Municipal, Administrative, Clerical and Services Union of Employees

Document Type: Order

Matter Number: AG 25/2025

Matter Description: Ovis Community Services Enterprise Agreement 2025

Industry: Community Services

Jurisdiction: Single Commissioner

Member/Magistrate name: Commissioner C Tsang

Delivery Date: 29 Jul 2025

Result: Direction issued

Citation: 2025 WAIRC 00453

WAIG Reference:

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2025 WAIRC 00453
OVIS COMMUNITY SERVICES ENTERPRISE AGREEMENT 2025
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES PAT THOMAS HOUSE INC.
APPLICANT
-V-
WESTERN AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION OF EMPLOYEES
RESPONDENT
CORAM COMMISSIONER C TSANG
DATE TUESDAY, 29 JULY 2025
FILE NO. AG 25 OF 2025
CITATION NO. 2025 WAIRC 00453

Result Direction issued

Representation
APPLICANT MR S FARRELL

RESPONDENT MR P CECCHINI


Direction

WHEREAS at a Directions Hearing on 25 June 2025, the Commission issued Directions ([2025] WAIRC 00382) programming the question of whether the applicant is a national system employer pursuant to s 14(1)(a) of the Fair Work Act 2009 (Cth) (jurisdictional issue) for determination as a preliminary issue;

AND WHEREAS on 23 July 2025, the applicant filed a Form 1A – Application requesting an extension of time to comply with Direction 2 of the Directions issued on 25 June 2025 and proposed a corresponding extension of time for the respondent to comply with Direction 3 of the Directions issued on 25 June 2025;

AND WHEREAS on 29 July 2025, the respondent advised that it consents to the Directions being amended as sought by the applicant;

NOW THEREFORE, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), and by consent, hereby directs –

THAT the time for compliance with Directions 2 and 3 of the Directions issued on 25 June 2025 be extended as follows:

1. THAT the applicant file by Friday, 29 August 2025:
(a) Evidence addressing the jurisdictional issue by affidavit made in accordance with s 9 of the Oaths, Affidavits and Statutory Declarations Act 2005 (WA).
(b) Legal submissions addressing the jurisdictional issue.

2. THAT the respondent file by Friday, 12 September 2025:
(a) Any responsive evidence addressing the jurisdictional issue by affidavit made in accordance with s 9 of the Oaths, Affidavits and Statutory Declarations Act 2005 (WA).
(b) Legal submissions addressing the jurisdictional issue.







COMMISSIONER C TSANG
Pat Thomas House Inc. -v- Western Australian Municipal, Administrative, Clerical and Services Union of Employees

OVIS COMMUNITY SERVICES ENTERPRISE AGREEMENT 2025

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

PARTIES Pat Thomas House Inc.

APPLICANT

-v-

Western Australian Municipal, Administrative, Clerical and Services Union of Employees

RESPONDENT

CORAM Commissioner C Tsang

DATE TUESday, 29 July 2025

FILE NO. AG 25 OF 2025

CITATION NO. 2025 WAIRC 00453

 

Result Direction issued

 


Representation 

Applicant Mr S Farrell

 

Respondent Mr P Cecchini

 

 

Direction

 

WHEREAS at a Directions Hearing on 25 June 2025, the Commission issued Directions ([2025] WAIRC 00382) programming the question of whether the applicant is a national system employer pursuant to s 14(1)(a) of the Fair Work Act 2009 (Cth) (jurisdictional issue) for determination as a preliminary issue;

 

AND WHEREAS on 23 July 2025, the applicant filed a Form 1A – Application requesting an extension of time to comply with Direction 2 of the Directions issued on 25 June 2025 and proposed a corresponding extension of time for the respondent to comply with Direction 3 of the Directions issued on 25 June 2025;

 

AND WHEREAS on 29 July 2025, the respondent advised that it consents to the Directions being amended as sought by the applicant;

 

NOW THEREFORE, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), and by consent, hereby directs –

 

THAT the time for compliance with Directions 2 and 3 of the Directions issued on 25 June 2025 be extended as follows:

 

 1. THAT the applicant file by Friday, 29 August 2025:

(a) Evidence addressing the jurisdictional issue by affidavit made in accordance with s 9 of the Oaths, Affidavits and Statutory Declarations Act 2005 (WA).

(b) Legal submissions addressing the jurisdictional issue.

 

 2. THAT the respondent file by Friday, 12 September 2025:

(a) Any responsive evidence addressing the jurisdictional issue by affidavit made in accordance with s 9 of the Oaths, Affidavits and Statutory Declarations Act 2005 (WA).

(b) Legal submissions addressing the jurisdictional issue.

 

 

 

 

 

 

 

Commissioner C Tsang