APPEAL AGAINST THE DECISION OF THE EMPLOYER TAKEN ON 12 APRIL 2024

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Mark Kostner

APPLICANT

-v-

Small Business Development Corporation

RESPONDENT

CORAM PUBLIC SERVICE APPEAL BOARD

 Commissioner T Kucera – CHAIRPERSON

 Ms ANGELA BERRAGAN – BOARD MEMBER

 MR BRUCE HAWKINS – BOARD MEMBER

DATE Wednesday, 22 October 2025

FILE NO. PSAB 9 OF 2024

CITATION NO. 2025 WAIRC 00872

Result Direction issued

Representation 

Applicant Mr Mark Kostner

Respondent Mr Ray Andretich (of counsel)

Direction

HAVING heard from Mr M Kostner on behalf of the applicant and Mr R Andretich of counsel on behalf of the respondent, the Public Service Appeal Board, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby directs by consent –

1. THAT the show cause hearing listed on Thursday, 23 October 2025 is hereby vacated.

2. THAT the appellant is to make any submissions on whether the appeal should be dismissed under s 27(1)(a) of the Industrial Relations Act 1979 (WA) (show cause issue) by Friday, 24 October 2024.

3. THAT the respondent is to make any submissions on the show cause issue by Friday, 31 October 2024.

4. THAT the show cause issue is to be decided on the papers.

Commissioner T Kucera

ON BEHALF OF THE

PUBLIC SERVICE APPEAL BOARD