Jules John Tuscano -v- Health Support Services
Document Type: Order
Matter Number: APPL 34/2025
Matter Description: Referral of a dispute regarding the employer's decision to refuse a flexible working arrangement request
Industry: Health Services
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner T Emmanuel
Delivery Date: 22 Oct 2025
Result: Programming orders issued
Citation: 2025 WAIRC 00871
WAIG Reference:
REFERRAL OF A DISPUTE REGARDING THE EMPLOYER'S DECISION TO REFUSE A FLEXIBLE WORKING ARRANGEMENT REQUEST
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES JULES JOHN TUSCANO
APPLICANT
-V-
HEALTH SUPPORT SERVICES
RESPONDENT
CORAM COMMISSIONER T EMMANUEL
DATE WEDNESDAY, 22 OCTOBER 2025
FILE NO/S APPL 34 OF 2025
CITATION NO. 2025 WAIRC 00871
Result Programming orders issued
Representation
APPLICANT ON HIS OWN BEHALF
RESPONDENT MR D ANDERSON (OF COUNSEL)
Programming orders
HAVING heard from the applicant on his own behalf and Mr D Anderson (of counsel) on behalf of the respondent, in relation to the jurisdictional fact in dispute, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), orders –
1. THAT the parties file a statement of agreed facts and bundle of agreed documents by 4pm on Friday, 31 October 2025;
2. THAT the applicant file any outlines of evidence (except for expert evidence, which may be contained in a witness statement and stand as evidence in chief) and any documents, not being agreed documents, upon which he intends to rely by 4pm on Friday, 14 November 2025;
3. THAT the respondent file any outlines of evidence (except for expert evidence, which may be contained in a witness statement and stand as evidence in chief) and any documents, not being agreed documents, upon which it intends to rely by 4pm on Friday, 28 November 2025;
4. THAT the applicant file an outline of written submissions by 4pm on Friday, 12 December 2025;
5. THAT the respondent file an outline of written submissions by 4pm on Monday, 5 January 2026; and
6. THAT the matter be listed for a short hearing on a date to be fixed.
COMMISSIONER T EMMANUEL
REFERRAL OF A DISPUTE REGARDING THE EMPLOYER'S DECISION TO REFUSE A FLEXIBLE WORKING ARRANGEMENT REQUEST
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Jules John Tuscano
APPLICANT
-v-
Health Support Services
RESPONDENT
CORAM Commissioner T Emmanuel
DATE WEDNESDAY, 22 October 2025
FILE NO/S APPL 34 OF 2025
CITATION NO. 2025 WAIRC 00871
Result Programming orders issued
Representation
Applicant On his own behalf
Respondent Mr D Anderson (of counsel)
Programming orders
HAVING heard from the applicant on his own behalf and Mr D Anderson (of counsel) on behalf of the respondent, in relation to the jurisdictional fact in dispute, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), orders –
1. THAT the parties file a statement of agreed facts and bundle of agreed documents by 4pm on Friday, 31 October 2025;
2. THAT the applicant file any outlines of evidence (except for expert evidence, which may be contained in a witness statement and stand as evidence in chief) and any documents, not being agreed documents, upon which he intends to rely by 4pm on Friday, 14 November 2025;
3. THAT the respondent file any outlines of evidence (except for expert evidence, which may be contained in a witness statement and stand as evidence in chief) and any documents, not being agreed documents, upon which it intends to rely by 4pm on Friday, 28 November 2025;
4. THAT the applicant file an outline of written submissions by 4pm on Friday, 12 December 2025;
5. THAT the respondent file an outline of written submissions by 4pm on Monday, 5 January 2026; and
6. THAT the matter be listed for a short hearing on a date to be fixed.
Commissioner T Emmanuel