Bevan Fernandez -v- MMCE Holdings Pty Ltd
Document Type: Order
Matter Number: B 43/2024
Matter Description: Contractual Benefit Claim
Industry: Hospitality
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner T B Walkington
Delivery Date: 20 Dec 2024
Result: Direction issued
Citation: 2024 WAIRC 01066
WAIG Reference: 105 WAIG 277
CONTRACTUAL BENEFIT CLAIM
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES BEVAN FERNANDEZ
APPLICANT
-V-
MMCE HOLDINGS PTY LTD
RESPONDENT
CORAM COMMISSIONER T B WALKINGTON
DATE FRIDAY, 20 DECEMBER 2024
FILE NO. B 43 OF 2024
CITATION NO. 2024 WAIRC 01066
Result Direction issued
Representation
APPLICANT MR B FERNANDEZ
RESPONDENT NO APPEARANCE
Direction
HAVING heard from Mr Fernandez on his own behalf and there being no appearance on behalf of the respondent, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby directs:
1. THAT the respondent produces and provides the applicant with a copy of the original job advertisement as displayed on Seek on 17 August 2022 for the role of Head Chef, by no later than 10 January 2025;
2. THAT the respondent produces and provides the applicant with a copy of the original document of Personal Leave/Closed Days Log for Bevan Fernandez, as presented on the last day of employment, by no later than 10 January 2025;
3. THAT the applicant file and serve an outline of witness evidence and any documents upon which they intend to rely, by no later than 24 January 2025
4. THAT the respondent file and serve an outline of witness evidence and any documents upon which they intend to rely, by no later than 10 February 2025;
5. THAT the matter be listed for hearing for one day; and
6. THAT the parties have liberty to apply on short notice.
COMMISSIONER T B WALKINGTON
CONTRACTUAL BENEFIT CLAIM
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Bevan Fernandez
APPLICANT
-v-
MMCE Holdings Pty Ltd
RESPONDENT
CORAM Commissioner T B Walkington
DATE Friday, 20 December 2024
FILE NO. B 43 OF 2024
CITATION NO. 2024 WAIRC 01066
Result Direction issued
Representation
Applicant Mr B Fernandez
Respondent No appearance
Direction
HAVING heard from Mr Fernandez on his own behalf and there being no appearance on behalf of the respondent, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby directs:
1. THAT the respondent produces and provides the applicant with a copy of the original job advertisement as displayed on Seek on 17 August 2022 for the role of Head Chef, by no later than 10 January 2025;
2. THAT the respondent produces and provides the applicant with a copy of the original document of Personal Leave/Closed Days Log for Bevan Fernandez, as presented on the last day of employment, by no later than 10 January 2025;
3. THAT the applicant file and serve an outline of witness evidence and any documents upon which they intend to rely, by no later than 24 January 2025
4. THAT the respondent file and serve an outline of witness evidence and any documents upon which they intend to rely, by no later than 10 February 2025;
5. THAT the matter be listed for hearing for one day; and
6. THAT the parties have liberty to apply on short notice.
Commissioner T B Walkington