OVIS COMMUNITY SERVICES ENTERPRISE AGREEMENT 2025

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Pat Thomas House Inc.

APPLICANT

-v-

Western Australian Municipal, Administrative, Clerical and Services Union of Employees

RESPONDENT

CORAM Commissioner C Tsang

DATE Wednesday, 25 June 2025

FILE NO. AG 25 OF 2025

CITATION NO. 2025 WAIRC 00382

Result Direction issued

Representation 

Applicant Mr S Farrell

Respondent Mr C Fogliani (of counsel)

Direction

HAVING heard from Mr S Farrell on behalf of the applicant and Mr C Fogliani (of counsel) on behalf of the respondent, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby directs –

1. THAT the question of whether the applicant is a national system employer pursuant to s 14(1)(a) of the Fair Work Act 2009 (Cth) (jurisdictional issue) be determined as a preliminary issue.

2. THAT the applicant file by Wednesday, 30 July 2025:

(a)  Evidence addressing the jurisdictional issue by affidavit made in accordance with s 9 of the Oaths, Affidavits and Statutory Declarations Act 2005 (WA).

(b)  Legal submissions addressing the jurisdictional issue.

3. THAT the respondent file by Wednesday, 13 August 2025:

(a)  Any responsive evidence addressing the jurisdictional issue by affidavit made in accordance with s 9 of the Oaths, Affidavits and Statutory Declarations Act 2005 (WA).

(b)  Legal submissions addressing the jurisdictional issue.

4. THAT the jurisdictional issue be determined on the papers.

5. THAT the parties have liberty to apply.

Commissioner C Tsang