Robert Mcjannett -v- Construction Forestry Mining and Energy Union of Workers
Document Type: Order
Matter Number: PRES 3/2011
Matter Description: Alleged non observance of Union Rules
Industry: Unions
Jurisdiction: President
Member/Magistrate name: The Honourable J H Smith, Acting President
Delivery Date: 17 Feb 2012
Result: Order issued
Citation: 2012 WAIRC 00085
WAIG Reference: 92 WAIG 405
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES ROBERT MCJANNETT
APPLICANT
-AND-
CONSTRUCTION FORESTRY MINING AND ENERGY UNION OF WORKERS
RESPONDENT
CORAM THE HONOURABLE J H SMITH, ACTING PRESIDENT
DATE FRIDAY, 17 FEBRUARY 2012
FILE NO/S PRES 3 OF 2011
CITATION NO. 2012 WAIRC 00085
Result Order issued
Appearances
APPLICANT IN PERSON
RESPONDENT MR T DIXON (OF COUNSEL) AND WITH HIM MS S HOLMES (OF COUNSEL)
Order
This matter having come on for a further directions hearing before me on Thursday, 16 February 2012, and having heard the applicant in person, and Mr T Dixon, of counsel, and with him Ms S Holmes, of counsel, on behalf of the respondent, the Acting President, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby orders that —
1. The respondent to file and serve by close of business on 1 March 2012 a request for further and better particulars of the applicant's amended statement of particulars filed on 16 February 2012;
2. The applicant to file and serve his answer to the request for further and better particulars by close of business on 21 March 2012;
3. The applicant to file and serve written submissions by close of business on 21 March 2012 supporting the precise manner in which he contends that the Rules of the respondent have been breached in respect of each allegation he wishes to press in the applicant's amended statement of particulars filed on 16 February 2012;
4. Until further order of the Commission the respondent is not required to file its amended notice of answer to the application;
5. The directions hearing listed to be held on Friday, 2 March 2012, be vacated;
6. A directions hearing be held on Wednesday, 4 April 2012, at 10:30 am in Court 3 (Level 18), 111 St Georges Terrace, Perth; and
7. There be liberty to apply on 24 hours' notice.
ACTING PRESIDENT
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES ROBERT MCJANNETT
APPLICANT
-and-
Construction Forestry Mining and Energy Union of Workers
RESPONDENT
CORAM The Honourable J H Smith, Acting President
DATE FRIday, 17 February 2012
FILE NO/S PRES 3 OF 2011
CITATION NO. 2012 WAIRC 00085
Result Order issued
Appearances
Applicant In person
Respondent Mr T Dixon (of counsel) and with him Ms S Holmes (of counsel)
Order
This matter having come on for a further directions hearing before me on Thursday, 16 February 2012, and having heard the applicant in person, and Mr T Dixon, of counsel, and with him Ms S Holmes, of counsel, on behalf of the respondent, the Acting President, pursuant to the powers conferred under the Industrial Relations Act 1979, hereby orders that —
1. The respondent to file and serve by close of business on 1 March 2012 a request for further and better particulars of the applicant's amended statement of particulars filed on 16 February 2012;
2. The applicant to file and serve his answer to the request for further and better particulars by close of business on 21 March 2012;
3. The applicant to file and serve written submissions by close of business on 21 March 2012 supporting the precise manner in which he contends that the Rules of the respondent have been breached in respect of each allegation he wishes to press in the applicant's amended statement of particulars filed on 16 February 2012;
4. Until further order of the Commission the respondent is not required to file its amended notice of answer to the application;
5. The directions hearing listed to be held on Friday, 2 March 2012, be vacated;
6. A directions hearing be held on Wednesday, 4 April 2012, at 10:30 am in Court 3 (Level 18), 111 St Georges Terrace, Perth; and
7. There be liberty to apply on 24 hours' notice.
ACTING PRESIDENT