Benchmark WA Industrial Relations Case Database

Samantha Fenn v The Australian Nursing Federation, Industrial Union of Workers Perth, The Returning Officer, Western Australian Electoral Commission, The Registrar, Western Australian Industrial Relations Commission

[2023] WAIRC 33 Single Commissioner (WAIRC) 2023-01-16 File: PRES 10/2022
Source
Chief Commissioner Kenner
Not yet cited by other cases
Applicant: Samantha Fenn
Respondent: The Australian Nursing Federation, Industrial Union of Workers Perth

Ratio

The Chief Commissioner, by consent of the parties, varied the procedural timetable orders dated 23 November 2022 to extend filing deadlines for orders 7-13, with specified dates in February and March 2023, and clarified that certain orders applied to the applicant, first respondent and second respondent rather than all parties.

Outcome

Resolved other

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

  • Applicant sought variation of procedural timetable orders dated 23 November 2022
  • The variation was made by consent of all parties and the intervener
  • Extensions were granted for discovery/inspection and witness outline deadlines
  • The variation clarified the scope of certain orders by reference to named parties rather than generic 'parties' reference

Legislation referenced

  • Industrial Relations Act 1979 (WA) — general powers under which the order was made

Concept tags · 8

[P]Freedom of association — protection of union membership (WA Pt VIA) [P]Extension of time to file [P]Consent orders [P]Standing to bring application [S]Procedural fairness during workplace investigation [S]Joinder / amendment of parties [S]Discovery / inspection of documents [S]Witness outline timing & scope
Archived text (333 words)
ORDER PURSUANT TO S.66 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Samantha Fenn APPLICANT -v- The Australian Nursing Federation, Industrial Union of Workers Perth FIRST RESPONDENT The Returning Officer, Western Australian Electoral Commission SECOND RESPONDENT The Registrar, Western Australian Industrial Relations Commission INTERVENER CORAM Chief Commissioner S J Kenner DATE Monday, 16 January 2023 FILE NO/S PRES 10 OF 2022 CITATION NO. 2023 WAIRC 00033 Result Order issued Representation Applicant Mr D Rafferty of counsel First Respondent Ms B Burke of counsel Second Respondent Ms S Keighery of counsel Intervener Mr J Carroll of counsel Order HAVING heard Mr D Rafferty of counsel on behalf of the applicant, Ms B Burke of counsel on behalf of the first respondent, Ms S Keighery of counsel on behalf of the second respondent and Mr J Carroll of counsel on behalf of the intervener, the Chief Commissioner, pursuant to the powers conferred under the Industrial Relations Act 1979, and by consent, hereby orders – (1) THAT order 7 of the orders dated 23 November 2022 (the orders) be varied to no later than Friday, 10 February 2023 and that the term "parties" be deleted and replaced with "applicant, first respondent and second respondent". (2) THAT order 8 of the orders be varied to no later than Friday, 17 February 2023. (3) THAT order 9 of the orders be varied to no later than Friday, 3 March 2023. (4) THAT order 10 of the orders be varied to no later than Friday, 10 March 2023 and that the term "parties" be deleted and replaced with "applicant, first respondent and second respondent". (5) THAT order 11 of the orders be varied to no later than Friday, 10 March 2023. (6) THAT order 12 of the orders be varied to no later than Friday, 17 March 2023. (7) THAT order 13 of the orders be varied to on or after Thursday, 23 March 2023. (8) THAT the parties have liberty to apply on short notice. Chief Commissioner S J Kenner