Registrar, Western Australian Industrial Relations Commission -v- Edmond Margjini, The Construction, Forestry, Mining and Energy Union of Workers
Document Type: Order
Matter Number: CICS 12/2025
Matter Description: An application to revoke the right of entry permit of Edmond Margjini
Industry: Unions
Jurisdiction: Commission in Court Session
Member/Magistrate name: Chief Commissioner S J Kenner, Commissioner T B Walkington, Commissioner C Tsang
Delivery Date: 18 Sep 2025
Result: Direction issued
Citation: 2025 WAIRC 00794
WAIG Reference:
APPLICATION TO REVOKE THE RIGHT OF ENTRY PERMIT OF EDMOND MARGJINI
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES REGISTRAR, WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
APPLICANT
-V-
EDMOND MARGJINI
FIRST RESPONDENT
THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS
SECOND RESPONDENT
CORAM COMMISSION IN COURT SESSION
CHIEF COMMISSIONER S J KENNER
COMMISSIONER T B WALKINGTON
COMMISSIONER C TSANG
DATE THURSDAY, 18 SEPTEMBER 2025
FILE NO/S CICS 12 OF 2025
CITATION NO. 2025 WAIRC 00794
Result Direction issued
Representation
APPLICANT MR J CARROLL OF COUNSEL
FIRST RESPONDENT MR D RAFFERTY OF COUNSEL
SECOND RESPONDENT MR D RAFFERTY OF COUNSEL
Direction
HAVING heard Mr J Carroll of counsel on behalf of the applicant and Mr D Rafferty of counsel on behalf of the respondents, the Commission in Court Session, pursuant to the powers conferred on it by the Industrial Relations Act 1979 (WA), hereby directs –
(1) THAT the directions hearing listed for Friday, 19 September 2025 be and is hereby vacated.
(2) THAT by 4.00 pm on 26 September 2025, the respondents are to file a response to application CICS 12 of 2025.
(3) THAT at the final hearing of this matter:
(a) evidence in chief directed towards the interaction that occurred at the Sydney Charles Quarter apartment project on 14 May 2025 is to be given orally; and
(b) evidence in chief directed towards matters other than the matter referred to in par 3(a) is to be given by affidavit.
(4) THAT by 4.00 pm on 3 October 2025, the applicant is to file:
(a) any further affidavits, and documents; and
(b) any outlines of witness evidence directed towards the interaction that occurred at the Sydney Charles Quarter apartment project on 14 May 2025
upon which she intends to rely at the final hearing.
(5) THAT by 4.00 pm on 24 October 2025, the respondents are to file:
(a) any affidavits, and documents; and
(b) any outlines of witness evidence directed towards the interaction that occurred at the Sydney Charles Quarter apartment project on 14 May 2025
upon which they intend to rely at the final hearing.
(6) THAT by 4.00 pm on 3 November 2025, the applicant is to file:
(a) any reply affidavits and documents;
(b) any reply outlines of witness evidence directed towards the interaction that occurred at the Sydney Charles Quarter apartment project on 14 May 2025; and
(c) an outline of written submissions
upon which she intends to rely at the final hearing.
(7) THAT by 4.00 pm on 10 November 2025, the respondents are to file outlines of written submissions upon which they intend to rely at the final hearing.
(8) THAT the matter is to be listed for hearing for three days on dates to be fixed not before 17 November 2025.
(9) THAT there be liberty to apply on short notice.
By the Commission in Court Session
CHIEF COMMISSIONER S J KENNER
APPLICATION TO REVOKE THE RIGHT OF ENTRY PERMIT OF EDMOND MARGJINI
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Registrar, Western Australian Industrial Relations Commission
APPLICANT
-v-
Edmond Margjini
FIRST RESPONDENT
The Construction, Forestry, Mining and Energy Union of Workers
SECOND RESPONDENT
CORAM COMMISSION IN COURT SESSION
Chief Commissioner S J Kenner
Commissioner T B Walkington
Commissioner C Tsang
DATE Thursday, 18 September 2025
FILE NO/S CICS 12 OF 2025
CITATION NO. 2025 WAIRC 00794
Result Direction issued
Representation
Applicant Mr J Carroll of counsel
First Respondent Mr D Rafferty of counsel
Second Respondent Mr D Rafferty of counsel
Direction
HAVING heard Mr J Carroll of counsel on behalf of the applicant and Mr D Rafferty of counsel on behalf of the respondents, the Commission in Court Session, pursuant to the powers conferred on it by the Industrial Relations Act 1979 (WA), hereby directs –
(1) THAT the directions hearing listed for Friday, 19 September 2025 be and is hereby vacated.
(2) THAT by 4.00 pm on 26 September 2025, the respondents are to file a response to application CICS 12 of 2025.
(3) THAT at the final hearing of this matter:
(a) evidence in chief directed towards the interaction that occurred at the Sydney Charles Quarter apartment project on 14 May 2025 is to be given orally; and
(b) evidence in chief directed towards matters other than the matter referred to in par 3(a) is to be given by affidavit.
(4) THAT by 4.00 pm on 3 October 2025, the applicant is to file:
(a) any further affidavits, and documents; and
(b) any outlines of witness evidence directed towards the interaction that occurred at the Sydney Charles Quarter apartment project on 14 May 2025
upon which she intends to rely at the final hearing.
(5) THAT by 4.00 pm on 24 October 2025, the respondents are to file:
(a) any affidavits, and documents; and
(b) any outlines of witness evidence directed towards the interaction that occurred at the Sydney Charles Quarter apartment project on 14 May 2025
upon which they intend to rely at the final hearing.
(6) THAT by 4.00 pm on 3 November 2025, the applicant is to file:
(a) any reply affidavits and documents;
(b) any reply outlines of witness evidence directed towards the interaction that occurred at the Sydney Charles Quarter apartment project on 14 May 2025; and
(c) an outline of written submissions
upon which she intends to rely at the final hearing.
(7) THAT by 4.00 pm on 10 November 2025, the respondents are to file outlines of written submissions upon which they intend to rely at the final hearing.
(8) THAT the matter is to be listed for hearing for three days on dates to be fixed not before 17 November 2025.
(9) THAT there be liberty to apply on short notice.
By the Commission in Court Session
CHIEF COMMISSIONER S J KENNER