Charmaine Mellor -v- Director General Department of Energy, Mines, Industry Regulation and Safety

Document Type: Order

Matter Number: P 17/2025

Matter Description: Referal of a decision taken by the employer on 21 May 2025

Industry: Government Administration

Jurisdiction: Single Commissioner

Member/Magistrate name: Commissioner C Tsang

Delivery Date: 15 Jul 2025

Result: Direction issued

Citation: 2025 WAIRC 00419

WAIG Reference:

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2025 WAIRC 00419
REFERAL OF A DECISION TAKEN BY THE EMPLOYER ON 21 MAY 2025
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES CHARMAINE MELLOR
APPLICANT
-V-
DIRECTOR GENERAL DEPARTMENT OF ENERGY, MINES, INDUSTRY REGULATION AND SAFETY
RESPONDENT
CORAM COMMISSIONER C TSANG
DATE TUESDAY, 15 JULY 2025
FILE NO. P 17 OF 2025
CITATION NO. 2025 WAIRC 00419

Result Direction issued

Representation
APPLICANT MS C MELLOR (ON HER OWN BEHALF)

RESPONDENT MR J CARROLL (OF COUNSEL)


Direction

HAVING heard from Ms C Mellor on her own behalf and Mr J Carroll (of counsel) on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA), hereby directs –

1. THAT the following issues be determined as preliminary issues on the papers (preliminary issues):
(a) The issue of the Commission’s jurisdiction.
(b) The applicant’s application for leave of the Commission to accept her referral out of time pursuant to ss 29(2)(b) and 29(3) of the Industrial Relations Act 1979 (WA).

2. THAT the applicant file any evidence addressing the preliminary issues by affidavit made in accordance with s 9 of the Oaths, Affidavits and Statutory Declarations Act 2005 (WA) by Tuesday, 29 July 2025.

3. THAT the respondent file by Tuesday, 12 August 2025:
(a) Any evidence addressing the preliminary issues by affidavit made in accordance with s 9 of the Oaths, Affidavits and Statutory Declarations Act 2005 (WA).
(b) Legal submissions addressing the preliminary issues.

4. THAT the applicant file legal submissions addressing the preliminary issues by Tuesday, 26 August 2025.

5. THAT the respondent file any responsive legal submissions addressing the preliminary issues by Tuesday, 2 September 2025.







COMMISSIONER C TSANG
Charmaine Mellor -v- Director General Department of Energy, Mines, Industry Regulation and Safety

REFERAL OF A DECISION TAKEN BY THE EMPLOYER ON 21 MAY 2025

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

PARTIES Charmaine Mellor

APPLICANT

-v-

Director General Department of Energy, Mines, Industry Regulation and Safety

RESPONDENT

CORAM Commissioner C Tsang

DATE Tuesday, 15 July 2025

FILE NO. P 17 OF 2025

CITATION NO. 2025 WAIRC 00419

 

Result Direction issued

 


Representation 

Applicant Ms C Mellor (on her own behalf)

 

Respondent Mr J Carroll (of counsel)

 

 

Direction

 

HAVING heard from Ms C Mellor on her own behalf and Mr J Carroll (of counsel) on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA), hereby directs –

 

1. THAT the following issues be determined as preliminary issues on the papers (preliminary issues):

(a) The issue of the Commission’s jurisdiction.

(b) The applicant’s application for leave of the Commission to accept her referral out of time pursuant to ss 29(2)(b) and 29(3) of the Industrial Relations Act 1979 (WA).

 

2. THAT the applicant file any evidence addressing the preliminary issues by affidavit made in accordance with s 9 of the Oaths, Affidavits and Statutory Declarations Act 2005 (WA) by Tuesday, 29 July 2025.

 

3. THAT the respondent file by Tuesday, 12 August 2025:

(a) Any evidence addressing the preliminary issues by affidavit made in accordance with s 9 of the Oaths, Affidavits and Statutory Declarations Act 2005 (WA).

(b) Legal submissions addressing the preliminary issues.

 

4. THAT the applicant file legal submissions addressing the preliminary issues by Tuesday, 26 August 2025.

 

5. THAT the respondent file any responsive legal submissions addressing the preliminary issues by Tuesday, 2 September 2025.

 

 

 

 

 

 

 

Commissioner C Tsang