Pat Thomas House Inc. -v- Western Australian Municipal, Administrative, Clerical and Services Union of Employees
Document Type: Order
Matter Number: AG 25/2025
Matter Description: Ovis Community Services Enterprise Agreement 2025
Industry: Community Services
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner C Tsang
Delivery Date: 29 Jul 2025
Result: Direction issued
Citation: 2025 WAIRC 00453
WAIG Reference:
OVIS COMMUNITY SERVICES ENTERPRISE AGREEMENT 2025
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES PAT THOMAS HOUSE INC.
APPLICANT
-V-
WESTERN AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION OF EMPLOYEES
RESPONDENT
CORAM COMMISSIONER C TSANG
DATE TUESDAY, 29 JULY 2025
FILE NO. AG 25 OF 2025
CITATION NO. 2025 WAIRC 00453
Result Direction issued
Representation
APPLICANT MR S FARRELL
RESPONDENT MR P CECCHINI
Direction
WHEREAS at a Directions Hearing on 25 June 2025, the Commission issued Directions ([2025] WAIRC 00382) programming the question of whether the applicant is a national system employer pursuant to s 14(1)(a) of the Fair Work Act 2009 (Cth) (jurisdictional issue) for determination as a preliminary issue;
AND WHEREAS on 23 July 2025, the applicant filed a Form 1A – Application requesting an extension of time to comply with Direction 2 of the Directions issued on 25 June 2025 and proposed a corresponding extension of time for the respondent to comply with Direction 3 of the Directions issued on 25 June 2025;
AND WHEREAS on 29 July 2025, the respondent advised that it consents to the Directions being amended as sought by the applicant;
NOW THEREFORE, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), and by consent, hereby directs –
THAT the time for compliance with Directions 2 and 3 of the Directions issued on 25 June 2025 be extended as follows:
1. THAT the applicant file by Friday, 29 August 2025:
(a) Evidence addressing the jurisdictional issue by affidavit made in accordance with s 9 of the Oaths, Affidavits and Statutory Declarations Act 2005 (WA).
(b) Legal submissions addressing the jurisdictional issue.
2. THAT the respondent file by Friday, 12 September 2025:
(a) Any responsive evidence addressing the jurisdictional issue by affidavit made in accordance with s 9 of the Oaths, Affidavits and Statutory Declarations Act 2005 (WA).
(b) Legal submissions addressing the jurisdictional issue.
COMMISSIONER C TSANG
OVIS COMMUNITY SERVICES ENTERPRISE AGREEMENT 2025
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Pat Thomas House Inc.
APPLICANT
-v-
Western Australian Municipal, Administrative, Clerical and Services Union of Employees
RESPONDENT
CORAM Commissioner C Tsang
DATE TUESday, 29 July 2025
FILE NO. AG 25 OF 2025
CITATION NO. 2025 WAIRC 00453
Result Direction issued
Representation
Applicant Mr S Farrell
Respondent Mr P Cecchini
Direction
WHEREAS at a Directions Hearing on 25 June 2025, the Commission issued Directions ([2025] WAIRC 00382) programming the question of whether the applicant is a national system employer pursuant to s 14(1)(a) of the Fair Work Act 2009 (Cth) (jurisdictional issue) for determination as a preliminary issue;
AND WHEREAS on 23 July 2025, the applicant filed a Form 1A – Application requesting an extension of time to comply with Direction 2 of the Directions issued on 25 June 2025 and proposed a corresponding extension of time for the respondent to comply with Direction 3 of the Directions issued on 25 June 2025;
AND WHEREAS on 29 July 2025, the respondent advised that it consents to the Directions being amended as sought by the applicant;
NOW THEREFORE, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), and by consent, hereby directs –
THAT the time for compliance with Directions 2 and 3 of the Directions issued on 25 June 2025 be extended as follows:
1. THAT the applicant file by Friday, 29 August 2025:
(a) Evidence addressing the jurisdictional issue by affidavit made in accordance with s 9 of the Oaths, Affidavits and Statutory Declarations Act 2005 (WA).
(b) Legal submissions addressing the jurisdictional issue.
2. THAT the respondent file by Friday, 12 September 2025:
(a) Any responsive evidence addressing the jurisdictional issue by affidavit made in accordance with s 9 of the Oaths, Affidavits and Statutory Declarations Act 2005 (WA).
(b) Legal submissions addressing the jurisdictional issue.
Commissioner C Tsang