REFERRAL OF A DECISION TAKEN BY THE EMPLOYER ON 8 NOVEMBER 2024

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Peter van Schoubroeck

APPELLANT

-v-

Director General, Department of Water and Environmental Regulation

RESPONDENT

CORAM Commissioner C Tsang

DATE WEDNESDAY, 9 April 2025

FILE NO. P 5 OF 2025

CITATION NO. 2025 WAIRC 00232

Result Direction issued

Representation 

Appellant Mr P van Schoubroeck

Respondent Ms E Negus (of counsel)

Direction

HAVING heard from Mr P van Schoubroeck on his own behalf and Ms E Negus (of counsel) on behalf of the respondent at the Directions Hearing on 8 April 2025, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby directs –

1. THAT if the appellant no longer seeks for the Commission to hear and determine P 5/2025, that he file a Form 1A – Notice of Discontinuance with the Commission’s Registry to formally discontinue P 5/2025 by Tuesday, 22 April 2025.

2. THAT if the appellant seeks for the Commission to hear and determine P 5/2025, that the question of the Commission’s jurisdiction to hear P 5/2025 be determined as a preliminary issue (jurisdictional issue).

3. THAT the respondent file written submissions addressing the jurisdictional issue by Tuesday, 20 May 2025.

4. THAT the appellant file written submissions addressing the jurisdictional issue (appellant’s submissions) by Tuesday, 3 June 2025.

5. THAT the respondent file written submissions that are responsive to the appellant’s submissions by Tuesday, 10 June 2025.

6. THAT subject to further order, the jurisdictional issue be determined on the papers.

7. THAT the parties have liberty to apply.

Commissioner C Tsang