INTERPRETATION OF THE DEPARTMENT OF JUSTICE PRISON OFFICERS' INDUSTRIAL AGREEMENT 2020 AND THE MINIMUM CONDITIONS OF EMPLOYMENT ACT 1993 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Minister for Corrective Services APPLICANT -v- Western Australian Prison Officers' Union of Workers RESPONDENT CORAM Senior Commissioner R Cosentino DATE WEDNESday, 25 October 2023 FILE NO/S APPL 63 OF 2023 CITATION NO. 2023 WAIRC 00835 Result Order issued Representation Applicant Mr C Arnold of counsel Respondent Mr C Fordham of counsel Order HAVING heard from Mr C Arnold of counsel on behalf of the applicant and Mr C Fordham of counsel on behalf of the respondent, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders – 1. THAT pursuant to s 27(1)(o) of the Act, the respondent is to produce to the Commission copies of the following documents for the purpose of the hearing and determination of the respondent's application for dismissal or stay of the proceedings filed on 12 October 2023: (a) Originating Claim in M 73 of 2022 dated 18 July 2022; (b) Response in M 73 of 2022 dated 17 August 2022; (c) Amended Response in M 73 of 2022 dated 14 April 2023; (d) Response in M 75 of 2023dated 25 July 2023; and (e) Amended Response in M 75 of 2023 dated 17 September 2023. 2. THAT the parties are released from any implied undertaking to the Commission not to use or disclose documents filed in these proceedings for the purpose of the conduct of the Industrial Magistrates Court proceedings M 73 of 2022 and M 75 of 2023. 3. THAT the respondent’s application for dismissal of the proceedings or stay of the proceedings under s 27(1)(3) dated 12 October 2023 is dismissed. 4. THAT the matter is relisted for final hearing of half a day on Monday, 6 November 2023 at 10.00 am. Senior Commissioner R Cosentino