APPLICATION FOR AN EQUAL REMUNERATION ORDER

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Michelle  Smith

APPLICANT

-v-

A Team Cleaning Services Pty Ltd

RESPONDENT

CORAM Commissioner T Emmanuel

DATE Tuesday, 11 June 2024

FILE NO/S APPL 91 OF 2024

CITATION NO. 2024 WAIRC 00290

Result Application dismissed

Representation

Applicant No appearance

Respondent No appearance

Order

WHEREAS this is an application for an equal remuneration order under r 60A of the Industrial Relations Commission Regulations 2005 (WA) that was listed for a show cause hearing on 11 June 2024;

AND WHEREAS at the hearing on 11 June 2024 there was no appearance for or by Ms Smith;

AND WHEREAS the Commission has the power to proceed to hear and determine the matter in the absence of any party who has been duly served with notice of the proceedings: s 27(1)(d) of the Industrial Relations Act 1979 (WA);

AND WHEREAS service on Ms Smith was effected by sending notice of the hearing by pre-paid post to the postal address that Ms Smith provided to the Commission, and by emailing notice of the hearing to the email address that Ms Smith provided to the Commission: r 24(2)(d) Industrial Relations Commission Regulations 2005 (WA);

AND WHEREAS the Commission was satisfied that Ms Smith had been duly served with notice of the show cause hearing and proceeded in Ms Smith’s absence;

AND WHEREAS in effect Ms Smith has been told by the Commission and the Registry that if she does not prosecute her application, it will be dismissed;

AND WHEREAS on 16 May 2024 the Commission informed Ms Smith that if, by 23 May 2024, she had not told the Commission that she wished to discontinue application APPL 91 of 2024 or filed a document particularising her application, application APPL 91 of 2024 would be listed for a hearing to show cause why it should not be dismissed for want of prosecution;

AND WHEREAS the Commission considers that there has been a relatively long delay in the context of this application, there has been no explanation for that delay, there is no evidence of hardship to Ms Smith if her application is dismissed and there is nothing before the Commission to suggest that the respondent’s conduct in the matter has in any way contributed to Ms Smith’s lack of prosecution of her application;

AND WHEREAS Ms Smith has shown a general pattern of behaviour of not progressing her application for some weeks, has not contacted the Commission, has not complied with directions from the Commission nor emails from Registry or the Commission and did not attend the hearing today. The Commission considers that Ms Smith has had ample opportunity to prosecute her application but has not done so. In the circumstances, the Commission considers Ms Smith is not prosecuting her application and application APPL 91 of 2024 should be dismissed under s 27(1)(d) of the Industrial Relations Act 1979 (WA) for want of prosecution;

NOW THEREFORE the Commission, for these reasons and the reasons given on transcript at the hearing on 11 June 2024, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), orders –

 THAT this application be, and by this order is, dismissed.

Commissioner T Emmanuel