APPEAL AGAINST A DECISION OF THE INDUSTRIAL MAGISTRATE IN MATTER NUMBER M 65/2023 GIVEN ON 5 APRIL 2024

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Coastal R.E. Pty Ltd atf Coastal Unit Trust

APPELLANT

-v-

Jason Jowett

RESPONDENT

CORAM FULL BENCH

Senior Commissioner R Cosentino

 Commissioner C Tsang

 Commissioner T Kucera

DATE Tuesday, 12 August 2025

FILE NO/S FBA 11 OF 2024

CITATION NO. 2025 WAIRC 00687

Result Appeal upheld

Representation

Appellant Mr J Dasey of counsel

Respondent Mr S Farrell as agent

Order

HAVING heard from Mr J Dasey of counsel on behalf of the appellant and Mr Farrell as agent on behalf of the respondent, the Full Bench, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders –

1. THAT the appeal be allowed.

2. THAT order 3 of the Orders dated 5 April 2024, which required the appellant to pay the respondent $54,567.22 in respect of his entitlement to pro rata long service leave upon termination of his employment pursuant to s 9(2A)(a) of the Long Service Leave Act 1958 (WA) be quashed.

3. Order 3 of the Orders dated 14 August 2024, by which the appellant was issued a caution in respect of the failure to pay pro rata long service leave upon termination of employment pursuant to s 83(4)(a)(i) of the Industrial Relations Act 1979 (WA) be quashed.

By the Full Bench

SENIOR COMMISSIONER R COSENTINO