The Full Bench has reiterated the principle that a speaking to the minutes is for the limited purpose of ensuring that an order is consistent with the reasons for decision and is not an opportunity for the party to reargue their case and raise extraneous matters.

On 8 February 2022, the reasons for decision and minutes of proposed order of a Full Bench appeal were handed down. The minutes of proposed order varied the decision of the Commission at first instance by varying the sum of compensation ordered. The appellant sought to speak to the minute, and filed detailed submissions, and requested to be heard on the matter.

The Full Bench, referring to Sheahan v State School Teachers Union of WA (Inc) (1989) 69 WAIG 2966, reiterated that a speaking to the minutes under s 35 of the Industrial Relations Act 1979 (WA) is for the limited purpose of ensuring that the proposed order of the Commission is workable and consistent with the Commission’s reasons, and that the order contains no provisions which have been inserted inadvertently or by mistake.

The Full Bench considered that the appellant was attempting to re-argue elements of his case and to raise additional matters and held that the minutes of proposed order were consistent with its reasons for decision.

The decision can be read here.