APPLICATION FOR AUTHORITY TO BE ISSUED TO MR JOSEPH MCDONALD

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Mr Kevin Reynolds, The Construction, Forestry, Mining and Energy Union of Workers

APPLICANT

-v-

(Not applicable)

RESPONDENT

CORAM Chief Commissioner A R Beech

 Acting Senior Commissioner P E Scott

 Commissioner S J Kenner

DATE Monday, 5 September 2011

FILE NO/S APPL 31 OF 2011

CITATION NO. 2011 WAIRC 00866

Result Order issued regarding interveners and programming

Representation

Applicant Mr J Nicholas, of counsel

Respondent Mr AJ Power, of counsel, on behalf of the Australian Building and Construction Commissioner seeking leave to intervene

 Mr R Andretich, of counsel, on behalf of the Hon Minister for Commerce seeking leave to intervene

 Mr K Richardson on behalf of the Master Builders’ Association of Western Australia (Union of Employers) seeking leave to intervene

 Ms MH Kuhne on behalf of the Chamber of Commerce and Industry of WA, Inc seeking leave to intervene

Order

HAVING HEARD Mr J Nicholas on behalf of the Applicant and Mr AJ Power on behalf of the Australian Building and Construction Commissioner (“ABCC”), Mr R Andretich on behalf of the Hon Minister for Commerce (“the Minister”), Mr K Richardson on behalf of the Master Builders’ Association of Western Australia (Union of Employers) (“MBA”) and Ms MH Kuhne on behalf of the Chamber of Commerce and Industry of WA, Inc, (“CCIWA”) all seeking leave to intervene;

NOW THEREFORE the Commission in Court Session hereby orders –

1. THAT leave be granted to the Minister, the MBA and the CCIWA to intervene in this application.

2. THAT the ABCC be given an opportunity to be heard in relation to the matters referred to in his outline of submissions.

3. THAT the Minister, the MBA, the CCIWA and the ABCC confer for the purpose of reducing overlap in the cases to be presented.

4. THAT the matter be set down for hearing to commence in Perth at 10.30 am on Monday, 17 October 2011.

5. THAT by close of business on Wednesday, 12 October 2011 the Minister, the MBA, the CCIWA, the ABCC, and the Applicant:

(a) file and serve on each other outlines of submissions; and

(b) except the ABCC, file and serve a list of the witnesses they each intend to call. 

6. THAT the order of proceedings will be:

(a) Applicant to present his case.

(b) ABC Commissioner to put submissions.

(c) Interveners to present their cases.

(d) Applicant’s right of reply.

7. THAT there be liberty to apply to vary this order.

Commission in court session