Herman Lalande -v- ChampionX Australia Pty Ltd

Document Type: Order

Matter Number: C 22/2025

Matter Description: Dispute re calculation of long service leave

Industry: Mining

Jurisdiction: Single Commissioner

Member/Magistrate name: Commissioner T Kucera

Delivery Date: 10 Oct 2025

Result: Order Issued

Citation: 2025 WAIRC 00847

WAIG Reference:

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2025 WAIRC 00847
DISPUTE RE CALCULATION OF LONG SERVICE LEAVE
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES HERMAN LALANDE
APPLICANT
-V-
CHAMPIONX AUSTRALIA PTY LTD
RESPONDENT
CORAM COMMISSIONER T KUCERA
DATE FRIDAY, 10 OCTOBER 2025
FILE NO/S C 22 OF 2025
CITATION NO. 2025 WAIRC 00847

Result Order Issued
Representation


APPLICANT MR HERMAN LALANDE

RESPONDENT MR PAUL BROWN (OF COUNSEL)


Order
WHEREAS this matter involves an application under s 44(7)(a) of the Industrial Relations Act 1979 (WA) (IR Act), in respect of dispute about the applicant’s entitlement to long service leave as an employee (claim); and
WHEREAS the dispute giving rise to the claim, is confined to the issue of whether the payment of a Karratha housing allowance and an uplift loading under the applicant’s contract of employment, forms a part of his ‘ordinary pay’ within the meaning of Division 2 s7 of the Long Service Leave Act 1958 (dispute); and
WHEREAS the Chief Commissioner has reallocated the claim to Commissioner Kucera under s44(12) of the IR Act, for him to hear and determine the dispute by way of arbitration;
HAVING HEARD from Mr H Lalande on behalf of the applicant and Mr P Brown (of counsel) on behalf of the respondent, the Commission, pursuant to its powers under the IR Act, by consent, hereby orders –
1. THAT the parties are to prepare and file a statement of agreed facts and a bundle of agreed documents by Thursday, 23 October 2025.

2. THAT the applicant is to file an outline of submissions in support of the application by Thursday, 6 November 2025.

3. THAT the respondent is to file an outline of submissions in opposition to the claim by Thursday, 20 November 2025.

4. THAT the matter be listed for a further directions hearing not before Thursday, 20 November 2025.

5. THAT there be liberty to apply.








COMMISSIONER T KUCERA
Herman Lalande -v- ChampionX Australia Pty Ltd

DISPUTE RE CALCULATION OF LONG SERVICE LEAVE

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

PARTIES Herman Lalande

APPLICANT

-v-

ChampionX Australia Pty Ltd

RESPONDENT

CORAM Commissioner T Kucera

DATE friday, 10 october 2025

FILE NO/S C 22 OF 2025

CITATION NO. 2025 WAIRC 00847

 

Result Order Issued

Representation

 


Applicant Mr Herman Lalande

 

Respondent Mr Paul Brown (of Counsel)

 

 

Order

WHEREAS this matter involves an application under s 44(7)(a) of the Industrial Relations Act 1979 (WA) (IR Act), in respect of dispute about the applicant’s entitlement to long service leave as an employee (claim); and

WHEREAS the dispute giving rise to the claim, is confined to the issue of whether the payment of a Karratha housing allowance and an uplift loading under the applicant’s contract of employment, forms a part of his ‘ordinary pay’ within the meaning of Division 2 s7 of the Long Service Leave Act 1958 (dispute); and

WHEREAS the Chief Commissioner has reallocated the claim to Commissioner Kucera under s44(12) of the IR Act, for him to hear and determine the dispute by way of arbitration;

HAVING HEARD from Mr H Lalande on behalf of the applicant and Mr P Brown (of counsel) on behalf of the respondent, the Commission, pursuant to its powers under the IR Act, by consent, hereby orders –

  1. THAT the parties are to prepare and file a statement of agreed facts and a bundle of agreed documents by Thursday, 23 October 2025.

 

  1. THAT the applicant is to file an outline of submissions in support of the application by Thursday, 6 November 2025.

 

  1. THAT the respondent is to file an outline of submissions in opposition to the claim by Thursday, 20 November 2025.

 

  1. THAT the matter be listed for a further directions hearing not before Thursday, 20 November 2025.

 

  1. THAT there be liberty to apply.

 

 

 

 

 

 

 

 

Commissioner T Kucera