CONTRACTUAL BENEFIT CLAIM

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Anthony Robert Ferraris

APPLICANT

-v-

D N M ALLIANCE PTY LTD

RESPONDENT

CORAM Commissioner T Kucera

DATE Monday, 22 April 2024

FILE NO/S B 9 OF 2024

CITATION NO. 2024 WAIRC 00178

Result Order issued

Representation

Applicant Mr A Ferraris

Respondent Mr V Dharmarathne

Order

WHEREAS the applicant on 26 February 2024 filed a Form 3 Contractual Benefit Claim, in which he alleged that he was a denied a benefit to which he was entitled, under a contract of employment that he had with the respondent, being the sum of $716 for work performed (claim);

WHEREAS the respondent failed to file a Form 3A Employer Response to a Contractual Benefit Claim within the time prescribed by the Industrial Relations Commission Regulations 2005;

WHEREAS the parties were directed to attend a hearing for directions before the Commission on Monday 22 April 2024 (directions hearing);

WHEREAS the applicant appeared in person at the directions hearing and Mr Dharmarathne appeared for the respondent; and

WHEREAS Mr Dharmarathne on behalf of the respondent, agreed the respondent would, by 10 May 2024, pay the applicant the sum of $716; and

WHEREAS the applicant confirmed during the directions hearing that he was, prepared to resolve the claim, with the respondent paying him the sum of $716 by 10 May 2024;

NOW THEREFORE the Commission pursuant to its powers under Section 27(1)(a) of the Industrial Relations Act 1979 hereby ORDERS by consent –

1. THAT the respondent is to pay the applicant the sum of $716 by 10 May 2024.

Commissioner T Kucera