Nicholas Gerard Maher -v- Roman Catholic Bishop of Bunbury
Document Type: Order
Matter Number: FBA 4/2023
Matter Description: Appeal against a decision of the Commission in matter U 61/2022 given on 14 August 2023
Industry: Other
Jurisdiction: Full Bench
Member/Magistrate name: Chief Commissioner S J Kenner, Commissioner T Emmanuel, Commissioner T Kucera
Delivery Date: 19 Mar 2024
Result: Appeal upheld
Citation: 2024 WAIRC 00111
WAIG Reference:
APPEAL AGAINST A DECISION OF THE COMMISSION IN MATTER
NUMBER U 61/2022 GIVEN ON 14 AUGUST 2023
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES NICHOLAS GERARD MAHER
APPELLANT
-AND-
ROMAN CATHOLIC BISHOP OF BUNBURY
RESPONDENT
CORAM FULL BENCH
CHIEF COMMISSIONER S J KENNER
COMMISSIONER T EMMANUEL
COMMISSIONER T KUCERA
DATE TUESDAY, 19 MARCH 2024
FILE NO/S FBA 4 OF 2023
CITATION NO. 2024 WAIRC 00111
Result Appeal upheld
Appearances
APPELLANT IN PERSON
RESPONDENT MR I CURLEWIS OF COUNSEL
Order
THIS appeal having come on for hearing before the Full Bench on 15 November 2023, and having heard from Mr G Maher on his own behalf, and Mr I Curlewis of counsel on behalf of the respondent, and reasons for decision having been delivered on 1 March 2024, the Full Bench, pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA), hereby orders —
(1) THAT the appeal be and is hereby upheld.
(2) THAT the decision of the Commission in Application U 61 of 2022 dated 14 August 2023 be and is hereby suspended and the case is remitted to the Commission at first instance for further hearing and determination in accordance with these reasons for decision.
By the Full Bench
CHIEF COMMISSIONER S J KENNER
APPEAL AGAINST A DECISION OF THE COMMISSION IN MATTER
NUMBER U 61/2022 GIVEN ON 14 AUGUST 2023
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES NICHOLAS GERARD MAHER
APPELLANT
-and-
Roman Catholic Bishop of Bunbury
RESPONDENT
CORAM FULL BENCH
Chief Commissioner S J Kenner
Commissioner T Emmanuel
Commissioner T Kucera
DATE TUESday, 19 MARCH 2024
FILE NO/S FBA 4 OF 2023
CITATION NO. 2024 WAIRC 00111
Result Appeal upheld
Appearances
Appellant In person
Respondent Mr I Curlewis of counsel
Order
THIS appeal having come on for hearing before the Full Bench on 15 November 2023, and having heard from Mr G Maher on his own behalf, and Mr I Curlewis of counsel on behalf of the respondent, and reasons for decision having been delivered on 1 March 2024, the Full Bench, pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA), hereby orders —
(1) THAT the appeal be and is hereby upheld.
(2) THAT the decision of the Commission in Application U 61 of 2022 dated 14 August 2023 be and is hereby suspended and the case is remitted to the Commission at first instance for further hearing and determination in accordance with these reasons for decision.
By the Full Bench
CHIEF COMMISSIONER S J KENNER