GENERAL ORDER TO VARY ALL AWARD RATES AND ALLOWANCES

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Trades and Labor Council of Western Australia

APPLICANT

-v-

MINISTER FOR CONSUMER AND EMPLOYMENT PROTECTION, AUSTRALIAN MINES AND METALS ASSOCIATION INC. AND CHAMBER OF COMMERCE AND INDUSTRY OF WESTERN AUSTRALIA

RESPONDENT

CORAM Chief Commissioner A R Beech

 Senior Commissioner J F Gregor

 Commissioner S J Kenner

 Commissioner J H Smith

 Commissioner J L Harrison

DATE Tuesday, 7 March 2006

FILE NO/S APPL 957 OF 2005

CITATION NO. 2006 WAIRC 03885

Result Directions issued

Representation

Applicant Ms. C. Ozich (of Counsel) on behalf of the Trades and Labor Council

Respondent Mr. C. Pettit and with him Mr P. Wilding on behalf of the Department of Consumer and Employment Protection acting as agent for the Minister for Consumer and Employment Protection

   Ms. C. Brown on behalf of Australian Mines and Metals Association Inc.

Mr. G. Blyth on behalf of the Chamber of Commerce and Industry of Western Australia

 Mr. A. Power (of Counsel) on behalf of the Commonwealth Minister for Employment and Workplace Relations, as intervenor

DIRECTIONS

Publication of Application and Directions

1. The Registrar shall forthwith publish in a newspaper having circulation throughout the State and on the Commission’s website a copy of the notice of application approved by the Commission.

2. Any person wishing to be heard in relation to the application, other than the parties to the application, must inform the Registrar, in writing, by no later than 23 March 2006 setting out the reasons why they consider they have sufficient interest in the matter to be heard.

3. The Registrar shall forthwith provide a copy of any communication received as a result of Direction 2 above to the parties.

4. Any party wishing to object to a person being heard on the ground that the person does not have a sufficient interest in the matter shall file and serve on the person and the other parties their written submissions in relation to that objection by 27 March 2006.

5. The Commission shall sit at 10.30 am on 6 April 2006 to determine whether a person who gives notice to the Registrar in accordance with Direction 2 above has a sufficient interest to be heard in the matter.

Substantive Matters

6. Evidence-in-chief from a witness shall be given by way of witness statement filed and served in accordance with these directions unless the Commission otherwise directs.

7. The material to be relied upon by all parties and other persons appearing in this matter shall be filed in accordance with these Directions and not otherwise except by leave of the Commission where:

(a) the material relates to economic data, academic studies or reports not available prior to the relevant dates set out in these Directions; and

(b) there are special circumstances that warrant the filing of the material.

8. (a) The Registrar shall create a website for the purpose of this application and distribute to the parties and any person to be heard in the application information about access and its use.

(b) A party or person to be heard may lodge with the Registrar any document to be filed and served in accordance with these Directions by lodging it electronically on the website.

9 Persons appearing in this matter may be heard by written submission only in lieu of appearing in the hearing provided the written submission is forwarded to the Registrar in accordance with these Directions.  The Registrar shall forthwith provide a copy to the parties.

10. (a) The Applicant and any party appearing in this matter in support of the application shall file and serve on the other parties an outline of submissions, all witness statements and the materials upon which they intend to rely by 7 April 2006.

(b) Other persons appearing in this matter in support of the application shall file and serve on the parties an outline of submissions, all witness statements and the materials upon which they intend to rely by 14 April 2006.

11. The parties and any other person opposing the application shall file and serve on all other parties an outline of submissions, all witness statements and the materials upon which they intend to rely by 26 April 2006.

12. The Applicant and any party or other person in support of the application shall file and serve on all other parties an outline of submissions, all witness statements and the materials upon which they intend to rely in reply by 4:00 pm on 5 May 2006.

13. Each party and other person to be heard shall, by 4:00 pm on 12 May 2006, file and serve on all other parties their list of the witnesses required for cross-examination.

14. The Commission shall sit at 10.30 am on 22, 23, 24, 25, 26, 29, 30, 31 May and 1 and 2 June 2006 to hear the cross-examination (and re-examination if required) of any witnesses and the submissions of the parties and persons to be heard.

15. A party or other person to be heard in the matter may apply to vary any or all of these Directions by giving 2 days’ written notice to the parties and persons to be heard.

BY THE COMMISSION IN COURT SESSION

A.R. BEECH

CHIEF COMMISSIONER