CONTRACTUAL BENEFIT CLAIM

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Peter Watkins

APPLICANT

-v-

ATG Bunbury Pty Ltd as trustee for ATG Bunbury Unit Trust

RESPONDENT

CORAM Commissioner T Kucera

DATE Thursday, 9 February 2023

FILE NO/S B 105 OF 2022

CITATION NO. 2023 WAIRC 00067

Result Programming orders issued

Representation

Applicant Mr C Fogliani, of counsel

Respondent Mr I Macdonald

Order

WHEREAS this is an application pursuant to s 29(1)(d) of the Industrial Relations Act 1979 (WA) (the IR Act);

AND WHEREAS the respondent has raised two jurisdictional issues;

AND WHEREAS the first jurisdictional issue is whether the applicant has identified the correct Respondent entity as his employer;

AND WHEREAS the second jurisdictional issue is whether the Commission’s jurisdiction to determine this matter is negated by section 26(3) of the Fair Work Act 2009 (Cth);

NOW THEREFORE the Commission pursuant to the powers conferred under the IR Act, and by consent, hereby orders –

1. THAT by no later than 3 March 2023, the respondent shall file and serve its written outline of submissions, list of authorities, and any written outlines of evidence that its witnesses will give at the jurisdictional hearing.

2. THAT by no later than 17 March 2023, the applicant shall file and serve his written outline of submissions, list of authorities, and any written outlines of evidence that his witnesses will give at the jurisdictional hearing.

3. THAT the matter will be set down for a hearing about the respondent’s jurisdictional issues on a date to be set by the Commission no earlier than 29 March 2023.

4. THAT the parties have liberty to apply.

Commissioner T Kucera