2023 WAIRC 00147
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES THE REGISTRAR, WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICANT
-AND-
AUSTRALIAN NURSING FEDERATION, INDUSTRIAL UNION OF WORKERS PERTH
RESPONDENT
CORAM FULL BENCH
CHIEF COMMISSIONER S J KENNER
COMMISSIONER T EMMANUEL
COMMISSIONER T KUCERA
DATE FRIDAY, 17 MARCH 2023
FILE NO/S FBM 2 OF 2022
CITATION NO. 2023 WAIRC 00147

Result Order issued
Appearances
APPLICANT MS M SARACENI OF COUNSEL

RESPONDENT MR T HAMMOND SC OF COUNSEL

Order
HAVING HEARD Ms M Saraceni of counsel on behalf of the applicant, and Mr T Hammond SC of counsel on behalf of the respondent, and for reasons to be published in due course, the Full Bench, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders-
(1) THAT respondent shall give discovery on affidavit of the documents listed in Schedule A to the order of the Full Bench dated 15 February 2023 (the order) as identified in correspondence dated 28 February 2023 from the applicant’s counsel Ms Saraceni to Ms Burke of the respondent and headed ‘FBM 1 and 2 of 2022 : Discovery provided by the Respondent on 27 February 2023’ within its possession, custody or power by 4:00pm Friday 24 March 2023. The affidavit should:
(a) confirm that the documents produced are all the documents within the possession, custody and power of the respondent within the categories of documents set out in Schedule A of the order;
(b) confirm that all reasonable enquiries have been made, including of the respondent’s officers, employees and agents, to identify and produce the categories of documents in the possession, custody and power of the respondent, set out in Schedule A of the order; and
(c) confirm that, to the best of the deponent’s knowledge, information and belief, that neither the respondent nor its officers, employees or agents has now in its possession, custody or power, any documents set out in Schedule A of the order, other than those produced in the affidavit.
(2) THAT for the purposes of the applicant’s access to the discovered documents, inspection and copying of documents referred to in paragraphs (5), (6) and (7) of Schedule A of the order be limited to the solicitors and counsel for the applicant.
(3) THAT there be an order for substituted service of the summons issued to Mr Gregory Dean Balla, Director Club Holdings Pty Ltd as Trustee for Club Trust, trading as Horizons West Bus and Coachlines filed on 2 March 2023 such that service be effected by:
(a) posting it by pre-paid post to the registered office of Club Holdings Pty Ltd;
(b) leaving a physical copy of the summons with a person at the business address of Club Holdings Pty Ltd as Trustee for Club Trust (trading as Horizons West Bus and Coachline), being 105-111 Ewing Street, Welshpool, WA;
(c) leaving a copy of the summons with a person at 11 Kiev Court, Lesmurdie, WA; and
(d) sending it by email to admin@horizonswest.com.au
(4) THAT the summons served in accordance with par (3) above be deemed to have been served within two business days.
(5) THAT application FBM 2 of 2022 be listed for further directions before the Full Bench on Monday 27 March 2023 at 9:15am.
(6) THAT otherwise the applicant’s interlocutory Form 1A application filed on 8 March 2023 be and is hereby dismissed.
By the Full Bench





CHIEF COMMISSIONER S J KENNER