DISPUTE RE CALCULATION OF LONG SERVICE LEAVE

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Herman Lalande

APPLICANT

-v-

ChampionX Australia Pty Ltd

RESPONDENT

CORAM Commissioner T Kucera

DATE friday, 10 october 2025

FILE NO/S C 22 OF 2025

CITATION NO. 2025 WAIRC 00847

Result Order Issued

Representation

Applicant Mr Herman Lalande

Respondent Mr Paul Brown (of Counsel)

Order

WHEREAS this matter involves an application under s 44(7)(a) of the Industrial Relations Act 1979 (WA) (IR Act), in respect of dispute about the applicant’s entitlement to long service leave as an employee (claim); and

WHEREAS the dispute giving rise to the claim, is confined to the issue of whether the payment of a Karratha housing allowance and an uplift loading under the applicant’s contract of employment, forms a part of his ‘ordinary pay’ within the meaning of Division 2 s7 of the Long Service Leave Act 1958 (dispute); and

WHEREAS the Chief Commissioner has reallocated the claim to Commissioner Kucera under s44(12) of the IR Act, for him to hear and determine the dispute by way of arbitration;

HAVING HEARD from Mr H Lalande on behalf of the applicant and Mr P Brown (of counsel) on behalf of the respondent, the Commission, pursuant to its powers under the IR Act, by consent, hereby orders –

1. THAT the parties are to prepare and file a statement of agreed facts and a bundle of agreed documents by Thursday, 23 October 2025.

2. THAT the applicant is to file an outline of submissions in support of the application by Thursday, 6 November 2025.

3. THAT the respondent is to file an outline of submissions in opposition to the claim by Thursday, 20 November 2025.

4. THAT the matter be listed for a further directions hearing not before Thursday, 20 November 2025.

5. THAT there be liberty to apply.

Commissioner T Kucera