UNFAIR DISMISSAL APPLICATION

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Linda Gelvin

APPLICANT

-v-

Mandurah Lotteries House Incorporated

RESPONDENT

CORAM Commissioner T B Walkington

DATE Friday, 15 August 2025

FILE NO/S U 55 OF 2025

CITATION NO. 2025 WAIRC 00707

Result Application discontinued by leave

Representation

Applicant Ms Linda Gelvin

Respondent Mr Stephen Farrell (as agent)

Order

WHEREAS, this is an application pursuant to s 29(1)(c) of the Industrial Relations Act 1979 (WA); and

WHEREAS, on 19 May 2025 the Applicant filed a Form 2 – Unfair Dismissal Application; and

WHEREAS, on 8 June 2025 the Respondent filed a Form 2A – Employer Response to Unfair Dismissal Application and objected to the application on the basis that the Respondent was a National System Employer and the Commission lacked jurisdiction to deal with this matter; and

WHEREAS, on 18 June 2025, the Commission listed a Directions Hearing for 15 August 2025 to program the jurisdictional issue for hearing and determination; and

WHEREAS, at the Directions Hearing on 15 August 2025, the Applicant agreed that the respondent was an incorporated entity and therefore a corporation and that the respondent’s activity was trading and therefore the Respondent is a national system employer; and

WHEREAS, at the Directions Hearing on 15 August 2025, the Applicant sought leave to discontinue its application; and

WHEREAS, at the Directions Hearing on 15 August 2025, the Commission sought the Respondent’s views and the Respondent consented to the application being discontinued; and

NOW THEREFORE, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA), hereby orders –

 THAT this application be and is hereby discontinued by leave

Commissioner T B Walkington