DELIVER2U (WA) Pty Ltd -v- GD Mitchell Enterprises Pty Ltd t/as Lite n' Easy Perth
Document Type: Order
Matter Number: FBA 3/2018
Matter Description: Appeal against a decision of the Commission in matter no. RFT 4/2017 given on 5 April 2018
Industry: Transport Industry
Jurisdiction: Full Bench
Member/Magistrate name: The Honourable J H Smith, Acting President, Commissioner T Emmanuel, Commissioner D J Matthews
Delivery Date: 12 Sep 2018
Result: Appeal upheld; decision of Tribunal suspended and matter remitted
Citation: 2018 WAIRC 00738
WAIG Reference: 98 WAIG 1111
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES DELIVER2U (WA) PTY LTD
APPELLANT
-AND-
GD MITCHELL ENTERPRISES PTY LTD T/AS LITE N' EASY PERTH
RESPONDENT
CORAM FULL BENCH
THE HONOURABLE J H SMITH, ACTING PRESIDENT
COMMISSIONER T EMMANUEL
COMMISSIONER D J MATTHEWS
DATE WEDNESDAY, 12 SEPTEMBER 2018
FILE NO/S FBA 3 OF 2018
CITATION NO. 2018 WAIRC 00738
Result Appeal upheld; decision of Tribunal suspended and matter remitted
Appearances
APPELLANT MR W G SPYKER, OF COUNSEL
RESPONDENT MR M D HOWARD SC AND WITH HIM MS P A HONEY, OF COUNSEL
Intervener Mr C Fordham, of counsel, and with him Mr J Collier
Order
This appeal having come on for hearing before the Full Bench on 10 August 2018, and having heard Mr W G Spyker, of counsel, on behalf of the appellant, Mr M D Howard SC and with him Ms P A Honey, of counsel, on behalf of the respondent, and Mr C Fordham, of counsel, and with him Mr J Collier on behalf of the intervener, and reasons for decision having been delivered on 10 September 2018, the Full Bench, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders that —
1. The appeal is upheld.
2. The operation of the decision made by the Road Freight Transport Industry Tribunal (Tribunal) in matter RFT 4 of 2017 on 5 April 2018 ([2018] WAIRC 00218; (2018) 98 WAIG 251) is suspended and the case remitted to the Tribunal for further hearing and determination.
By the Full Bench
ACTING PRESIDENT
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES DELIVER2U (WA) Pty Ltd
APPELLANT
-and-
GD Mitchell Enterprises Pty Ltd t/as Lite n' Easy Perth
RESPONDENT
CORAM FULL BENCH
The Honourable J H Smith, Acting President
Commissioner T Emmanuel
Commissioner D J Matthews
DATE Wednesday, 12 September 2018
FILE NO/S FBA 3 OF 2018
CITATION NO. 2018 WAIRC 00738
Result Appeal upheld; decision of Tribunal suspended and matter remitted
Appearances
Appellant Mr W G Spyker, of counsel
Respondent Mr M D Howard SC and with him Ms P A Honey, of counsel
Intervener Mr C Fordham, of counsel, and with him Mr J Collier
Order
This appeal having come on for hearing before the Full Bench on 10 August 2018, and having heard Mr W G Spyker, of counsel, on behalf of the appellant, Mr M D Howard SC and with him Ms P A Honey, of counsel, on behalf of the respondent, and Mr C Fordham, of counsel, and with him Mr J Collier on behalf of the intervener, and reasons for decision having been delivered on 10 September 2018, the Full Bench, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders that —
1. The appeal is upheld.
2. The operation of the decision made by the Road Freight Transport Industry Tribunal (Tribunal) in matter RFT 4 of 2017 on 5 April 2018 ([2018] WAIRC 00218; (2018) 98 WAIG 251) is suspended and the case remitted to the Tribunal for further hearing and determination.
By the Full Bench
ACTING PRESIDENT