CONTRACTUAL BENEFIT CLAIM

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Sharon Jones

APPLICANT

-v-

The Trustee for Vadakkumchery Family Trust

RESPONDENT

CORAM Commissioner T B Walkington

DATE Thursday, 9 October 2025

FILE NO/S B 62 OF 2024

CITATION NO. 2025 WAIRC 00841

Result Application discontinued by leave

Representation

Applicant Ms S Jones

Respondent No Appearance

Order

WHEREAS, this is an application pursuant to s 29(1)(d) of the Industrial Relations Act 1979 (WA); and

WHEREAS, on 24 October 2024 the applicant filed a Form 3 – Contractual Benefit Claim; and

WHEREAS, on 4 December 2024 the respondent filed a Form 3A – Employer Response to Contractual Benefit Claim and objected to the application on the basis that the applicant’s claim was not for a benefit under the contract of employment and the Commission lacked jurisdiction to determine this matter; and

WHEREAS, on 31 July 2025, the Commission advised the parties that a Directions Hearing would be listed to program the jurisdictional issue for hearing and determination and sought available dates; and

WHEREAS, on 31 July 2025, the Commission advised the respondent that they need not appear at the Directions Hearing unless they wish to do so; and

WHEREAS, on 7 August 2025, a Directions Hearing was listed for 9 October 2025 to program the jurisdictional issue for hearing and determination; and

WHEREAS, on 9 October 2025, the respondent did not appear at the Directions Hearing as foreshadowed; and

WHEREAS, at the Directions Hearing on 9 October 2025, the applicant agreed that the benefit claimed was a benefit under the relevant state award and therefore not a claim for a benefit under the contract of employment; and

WHEREAS, the Commission does not have jurisdiction to hear and determine this claim under s 29(1)(d) of the Industrial Relations Act 1979 (WA); and

WHEREAS, at the Directions Hearing on 9 October 2025, the applicant sought leave to discontinue their application; and

NOW THEREFORE, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA), hereby orders –

 THAT this application be and is hereby discontinued by leave

Commissioner T B Walkington