Benchmark WA Industrial Relations Case Database

Peter Watkins v ATG Bunbury Pty Ltd as trustee for ATG Bunbury Unit Trust, Government of Western Australia Public Transport Authority - School Bus Services – Discontinued

[2023] WAIRC 74 Single Commissioner (WAIRC) 2023-02-10 File: B 105/2022
Source
Commissioner Kucera
Not yet cited by other cases
Applicant: Peter Watkins; Inger Isaksen
Respondent: ATG Bunbury Pty Ltd as trustee for ATG Bunbury Unit Trust; South West Transit Group Pty Ltd as trustee for the South West Transit Group Unit Trust

Ratio

The application for contractual benefits under s29(1)(d) of the IR Act was adjourned by consent to allow the parties further time to confer and file an agreed statement of facts.

Outcome

Resolved adjourned

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 · 6

  • Application made under s29(1)(d) of the IR Act
  • Two applicants (Peter Watkins and Inger Isaksen)
  • Two respondents involved in school bus services
  • Amended applications filed by 13 January 2023
  • Parties requested further time to prepare agreed statement of facts
  • Initial deadline for agreed statement of facts (10 February 2023) extended to 24 February 2023

Legislation referenced

  • Industrial Relations Act 1979 (WA) s29(1)(d)

Concept tags · 4

[P]Denied contractual benefits (WA s29(1)(b)) [S]Unfair dismissal (WA) [S]Procedural fairness at dismissal stage [M]s29AA 'industrial instrument' carve-out — when threshold does not apply

Cases cited in this decision · 1

Cited
[2023] WAIRC 18 — Peter Watkins v Australian Transit Group
"…entation Applicants Mr C Fogliani, of counsel Respondents Mr I Macdonald Order WHEREAS this is an application pursuant to s 29(1)(d) of the Industrial Relations Act 1979 (WA) (The IR Act) AND WHEREAS the Commission...…"
Archived text (295 words)
CONTRACTUAL BENEFIT CLAIM WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Peter Watkins; Inger Isaksen APPLICANTS -v- ATG Bunbury Pty Ltd as trustee for ATG Bunbury Unit Trust, South West Transit Group Pty Ltd as trustee for the South West Transit Group Unit Trust RESPONDENTS CORAM Commissioner T Kucera DATE Friday, 10 February 2023 FILE NO/S B 105 OF 2022, B 106 OF 2022 CITATION NO. 2023 WAIRC 00074 Result Programming orders issued Representation Applicants Mr C Fogliani, of counsel Respondents Mr I Macdonald Order WHEREAS this is an application pursuant to s 29(1)(d) of the Industrial Relations Act 1979 (WA) (The IR Act) AND WHEREAS the Commission issued programming orders in Order [2023] WAIRC 00018 as follows – 1. THAT the applicants are to file their amended applications by 13 January 2023. 2. THAT the respondent is to file responses to the amended applications by 20 January 2023. 3. THAT informal discovery is to be provided by 3 February 2023. 4. THAT the parties are to confer on and file an agreed statement of facts by 10 February 2023. 5. THAT the matter is to be listed for a programming conference on a date to be fixed, not before 10 February 2023. 6. THAT there shall be liberty to apply. AND WHEREAS the parties have conferred and agreed to request further time to file an agreed statement of facts NOW THEREFORE the Commission pursuant to the powers conferred under the IR Act, and by consent, hereby ORDERS – 1. THAT the parties are to confer on and file an agreed statement of facts by 24 February 2023. 2. THAT the matter is to be listed for a programming conference on a date to be fixed. 3. THAT there shall be liberty to apply. Commissioner T Kucera