WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION CITATION : 2013 WAIRC 00425 CORAM : COMMISSIONER S M MAYMAN HEARD : THURSDAY, 11 APRIL 2013 DELIVERED : MONDAY, 15 JULY 2013 FILE NO. : C 5 OF 2012 BETWEEN : THE AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION OF EMPLOYEES, WEST AUSTRALIAN BRANCH Applicant AND PUBLIC TRANSPORT AUTHORITY Respondent 93 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1329 CatchWords : Industrial Relations Act 1979 (WA) – Occupational Safety and Health Act 1984 (WA) – occupational health and safety issues - rail industry – risk assessments - occupational health and safety delegates - election of occupational safety and health representatives – written submissions Legislation : Industrial Relations Act 1979 (WA) s 44; Occupational Safety and Health Act 1984 (WA) s 29 Result : Application discontinued Representation Applicant : Mr C Fogliani Respondent : Mr R Farrell (of counsel) Reasons for Decision 1 The substantive application in these proceedings was lodged by the Australian Rail, Tram and Bus Industry Union of Employees, West Australian Branch (the applicant union) on 16 January 2012. An amended application was lodged on 18 January 2012 which broadened the scope of the original application. In that amended application the applicant union sought independent risk assessments from the Public Transport Authority (the respondent). It was alleged by the applicant union there had been insufficient consultation and cooperation with occupational health and safety representatives (OSH reps) and other employees in the workplace when developing risk assessments. Further, the failure of the respondent to reassess the risk assessments had, in the view of the applicant union, rendered the working environment unsafe. The applicant union sought orders from the