Phillip Trestrail -v- City of Karratha
Document Type: Order
Matter Number: FBA 21/2024
Matter Description: Appeal against a decision of the Commission in matters U 28/2023 and B 28/2023 given on 8 October 2024
Industry: Local Government
Jurisdiction: Full Bench
Member/Magistrate name: Chief Commissioner S J Kenner, Commissioner T Emmanuel, Commissioner T B Walkington
Delivery Date: 21 Oct 2025
Result: Declaration and order issued
Citation: 2025 WAIRC 00868
WAIG Reference:
APPEAL AGAINST A DECISION OF THE COMMISSION IN MATTERS U 28/2023 AND B 28/2023 GIVEN ON 8 OCTOBER 2024
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES PHILLIP TRESTRAIL
APPELLANT
-V-
CITY OF KARRATHA
RESPONDENT
CORAM FULL BENCH
CHIEF COMMISSIONER S J KENNER
COMMISSIONER T EMMANUEL
COMMISSIONER T B WALKINGTON
DATE TUESDAY, 21 OCTOBER 2025
FILE NO/S FBA 21 OF 2024
CITATION NO. 2025 WAIRC 00868
Result Declaration and order issued
Representation
APPELLANT MR M COX OF COUNSEL
RESPONDENT MR N ELLERY OF COUNSEL
Declaration and Order
HAVING heard Mr M Cox of counsel on behalf of the appellant and Mr N Ellery of counsel on behalf of the respondent, the Full Bench, pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA), hereby –
(1) DECLARES that the appellant was harshly, oppressively and unfairly dismissed from his employment by the respondent on or about 23 May 2023.
(2) DECLARES that the respondent denied the appellant contractual benefits due and owing to him under his contract of employment.
(3) ORDERS the respondent to pay to the appellant the sum of $293,567.67 (gross) within seven days of the date of this order.
By the Full Bench
CHIEF COMMISSIONER S J KENNER
APPEAL AGAINST A DECISION OF THE COMMISSION IN MATTERS U 28/2023 AND B 28/2023 GIVEN ON 8 OCTOBER 2024
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Phillip Trestrail
APPELLANT
-v-
City of Karratha
RESPONDENT
CORAM FULL BENCH
Chief Commissioner S J Kenner
Commissioner T Emmanuel
Commissioner T B Walkington
DATE TUESday, 21 October 2025
FILE NO/S FBA 21 OF 2024
CITATION NO. 2025 WAIRC 00868
Result Declaration and order issued
Representation
Appellant Mr M Cox of counsel
Respondent Mr N Ellery of counsel
Declaration and Order
HAVING heard Mr M Cox of counsel on behalf of the appellant and Mr N Ellery of counsel on behalf of the respondent, the Full Bench, pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA), hereby –
(1) DECLARES that the appellant was harshly, oppressively and unfairly dismissed from his employment by the respondent on or about 23 May 2023.
(2) DECLARES that the respondent denied the appellant contractual benefits due and owing to him under his contract of employment.
(3) ORDERS the respondent to pay to the appellant the sum of $293,567.67 (gross) within seven days of the date of this order.
By the Full Bench
CHIEF COMMISSIONER S J KENNER