2025 WAIRC 00925
AN APPLICATION TO REVOKE THE RIGHT OF ENTRY PERMIT OF EDMOND MARGJINI
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES REGISTRAR, WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICANT
-V-
EDMOND MARGJINI
FIRST RESPONDENT
THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS
SECOND RESPONDENT

CORAM COMMISSION IN COURT SESSION
CHIEF COMMISSIONER S J KENNER
COMMISSIONER T B WALKINGTON
COMMISSIONER C TSANG
DATE WEDNESDAY, 12 NOVEMBER 2025
FILE NO/S CICS 12 OF 2025
CITATION NO. 2025 WAIRC 00925


Order

WHEREAS on 1 September 2025 the applicant filed in the Commission an application to revoke the right of entry permit issued to the First Respondent on 3 October 2022 pursuant to s 49T of the Industrial Relations Act 1979 (WA);

AND WHEREAS the applicant issued summonses to give evidence directed to Mr Shaun Breust and Mr Joe Calabro for both of them to give evidence in the herein proceedings listed for hearing on 8 December 2025;

AND WHEREAS despite all reasonable attempts to do so, the applicant has been unable to serve the summonses to give evidence and the applicant now seeks substituted service pursuant to reg 27 of the Industrial Relations Commission Regulations 2005 (WA);

AND WHEREAS the Commission has considered the application and the evidence in support of it ex parte and is satisfied that orders should be made enabling substituted service of the summonses to give evidence;

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

(1) THAT substituted service of the summonses to give evidence directed to Mr Sean Breust and Mr Joe Calabro be provided by:

(a) In respect of Mr Sean Breust by email to the email address: sbreust@pactconstruction.com.au

(b) In respect of Mr Joe Calabro by email to the email address: joe@cityscapegroup.au

(2) THAT at the time of serving the summons by email in accordance with par (1) of this order, and in the same manner of service, the applicant is to also serve a copy of this order.

(3) THAT the summons served in accordance with par (1) of this order be deemed to have been served within two business days of the email being sent.

By the Commission in Court Session






CHIEF COMMISSIONER S J KENNER