Benchmark WA Industrial Relations Case Database

UnionsWA Incorporated v (Not Applicable)

[2023] WAIRC 50 Commission in Court Session (WAIRC) 2023-01-24 File: CICS 3/2023
Source
Chief Commissioner Kenner, Senior Commissioner Cosentino, Commissioner Walkington
Not yet cited by other cases
Applicant: UnionsWA Incorporated
Respondents: Chamber of Commerce and Industry of Western Australia limited, Australian Mines and Metals Association, THe hon. MINISTER FOR INDUSTRIAL RELATIONS

Ratio

The Commission in Court Session issued procedural directions for an application for a General Order regarding provisions in industrial instruments for special days appointed under the Public and Bank Holidays Act 1972 (WA). The matter was adjourned for further evidence and argument, with directions issued for filing of responses, affidavits, and written submissions by specified dates.

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 · 5

  • Application for General Order filed by UnionsWA Incorporated
  • Application concerns provisions in industrial instruments for special days appointed under section 7 of the Public and Bank Holidays Act 1972 (WA)
  • Respondents: Chamber of Commerce and Industry of Western Australia Limited, Australian Mines and Metals Association, and the Hon. Minister for Industrial Relations
  • Matter listed for one-day hearing before Commission in Court Session
  • Heard on 24 January 2023

Concept tags · 5

[P]General Order — rates of pay and minimum conditions (WA s50A) [S]Award (WA state system) [S]Registered industrial agreement (WA) [S]Public holiday entitlement [M]Compulsory conference
Archived text (363 words)
APPLICATION FOR GENERAL ORDER - PROVISIONS IN INDUSTRIAL INSTRUMENTS FOR SPECIAL DAYS APPOINTED UNDER SECTION 7 OF THE PUBLIC AND BANK HOLIDAYS ACT 1972 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES UnionsWA Incorporated APPLICANT -v- Chamber of Commerce and Industry of Western Australia limited, Australian Mines and Metals Association, THe hon. MINISTER FOR INDUSTRIAL RELATIONS RESPONDENTS CORAM COMMISSION IN COURT SESSION Chief Commissioner S J Kenner Senior Commissioner R Cosentino Commissioner T B Walkington DATE TUESday, 24 January 2023 FILE NO. CICS 3 OF 2023 CITATION NO. 2023 WAIRC 00050 Result Directions issued Representation Applicant Mr C Fogliani of counsel Respondents The Hon. Minister Ms A Kothapalli and with her Mr B Entrekin CCIWA No appearance AMMA No appearance Directions HAVING HEARD Mr C Fogliani of counsel on behalf of the applicant and Ms A Kothapalli on behalf of the Hon. Minister for Industrial Relations, now therefore, the Commission in Court Session, pursuant to the powers conferred on it by the Industrial Relations Act 1979 (WA), hereby directs – (1) THAT the respondents file a Form 4 – Response (General) in response to the application by 23 February 2023. (2) THAT the applicant file any affidavit evidence upon which it intends to rely by no later than 28 calendar days prior to the date of hearing. (3) THAT the respondents file any affidavit evidence upon which they intend to rely by no later than 21 calendar days prior to the date of hearing. (4) THAT the applicant file a written outline of submissions and a list of the legislation and authorities upon which it relies by no later than 14 calendar days prior to the date of hearing. (5) THAT the respondents file a written outline of submissions and a list of the legislation and authorities upon which they intend to rely by no later than seven calendar days prior to the date of hearing. (6) THAT the application be listed for hearing by the Commission in Court Session for one day on a date to be fixed. (7) THAT the parties have liberty to apply on short notice. Chief Commissioner S J Kenner For and on behalf of thE Commission in court session