WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Mr Alan Scicluna AND Mrs Trixie Scicluna

APPLICANTS

-v-

Mr William Paul Brooks T/AS Bayview Motel Esperance, WA

RESPONDENT

CORAM Chief Commissioner A R Beech

DATE wednESday, 10 FEBRUARY 2016

FILE NO. U 146 OF 2015, U 147 OF 2015

CITATION NO. 2016 WAIRC 00078

Result Direction issued

Representation 

Applicant Mr J Nicholas, of counsel

Respondent Mr J Brooks, as agent and later Mr R Greer, of counsel

Direction

WHEREAS the parties continue to engage in without prejudice settlement discussions with a view to finalising these applications;

AND WHEREAS notwithstanding this, the parties have conferred and reached agreement on matters relating to the programming of these applications and request a direction in the terms of the agreement;

AND WHEREAS the Commission is of the view that it is necessary for the orderly progress of the matters for a direction to issue;

NOW THEREFORE, I the undersigned, pursuant to the powers conferred on me under s 27(1)(o) of the Industrial Relations Act 1979, hereby direct –

1. THAT these applications U 146 of 2015 and U 147 of 2015 be consolidated and heard together. The evidence and submissions in one application shall be taken as evidence and submissions in the other;

2. THAT both the applications be listed for a one-day hearing in Perth, on a date convenient to the Commission, with a video link to Auckland, New Zealand;

3. THAT the applicants’ evidence may be given by video-link;

4. THAT the parties file a Statement of Agreed Facts annexing any agreed documents relevant to those facts by close of business on Wednesday, 17 February 2016;

5. THAT the applicants file in the Commission and serve on the respondent:

(a)  any signed witness statements upon which they intend to rely; and

(b)  an outline of submissions;

by close of business on Tuesday, 23 February 2016;

6. THAT the respondent file in the Commission and serve on the applicants:

(a)  any signed witness statements upon which they intend to rely; and

(b)  an outline of submissions;

by close of business on Wednesday, 16 March 2016;

7. THAT the parties have liberty to apply at short notice.

 CHIEF COMMISSIONER A R BEECH