CITIC Pacific Mining Management Pty Ltd v WorkSafe Commissioner
Commissioner Emmanuel
Not yet cited by other cases
Applicant: CITIC Pacific Mining Management Pty Ltd
Respondent: WorkSafe Commissioner
Ratio
The Work Health and Safety Tribunal, pursuant to s229A(5)(a) and s229A(6) of the Work Health and Safety Act 2020 (WA), granted consent orders setting aside the decision to confirm improvement notice NV-076-549628 and cancelling the notice itself, based on agreement reached between the applicant and the decision-maker.
Outcome
Resolved
partial
Authority signal
Not yet cited by other cases
Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority,
green = positively treated, grey = neutral or sparse data,
amber = caution, red = treated negatively.
Key facts · 4
- Application for external review of a WorkSafe Commissioner decision
- The parties reached agreement on resolution of the application
- Consent orders were dated 11 April 2024
- The matter concerns improvement notice NV-076-549628
Legislation referenced
- Work Health and Safety Act 2020 (WA) s229
- Work Health and Safety Act 2020 (WA) s229A(5)(a)
- Work Health and Safety Act 2020 (WA) s229A(6)
Concept tags · 5
Archived text (217 words)
APPLICATION FOR EXTERNAL REVIEW PURSUANT TO SECTION 229 OF THE WORK HEALTH AND SAFETY ACT 2020
THE WORK HEALTH AND SAFETY TRIBUNAL
PARTIES CITIC PACIFIC MINING MANAGEMENT PTY LTD
APPLICANT
-v-
WorkSafe Commissioner
RESPONDENT
CORAM Commissioner T Emmanuel
DATE WEDNesday, 17 April 2024
FILE NO/S WHST 1 OF 2024
CITATION NO. 2024 WAIRC 00168
Result Order issued
Representation
Applicant Ms S Harrison (of counsel)
Respondent Mr A Hay (of counsel)
Order
WHEREAS this is an application for an external review of a decision;
AND WHEREAS the parties have reached an agreement about how application WHST 1 of 2024 should be resolved, as set out in the minute of consent orders dated 11 April 2024 (annexed to this order) provided by the parties;
AND WHEREAS in accordance with s 229A(6) of the Work Health and Safety Act (WA), the Tribunal may act under s 229A(5)(a) and vary the decision with the agreement of the applicant and the decision-maker;
AND WHEREAS in the circumstances the Tribunal is satisfied that the consent orders sought should be made;
NOW THEREFORE the Tribunal, pursuant to s 229A(5)(a) and s 229A(6) of the Work Health and Safety Act 2020 (WA), orders –
1. The decision to confirm improvement notice NV-076-549628 is set aside; and
2. Improvement notice NV-076-549628 is cancelled.
Commissioner T Emmanuel