WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION CITATION : 2012 WAIRC 00226 CORAM : COMMISSIONER S M MAYMAN HEARD : TUESDAY, 7 FEBRUARY 2012, THURSDAY, 12 APRIL 2012 DELIVERED : FRIDAY, 13 APRIL 2012 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 CatchWords : Discovery principles Legislation : Industrial Relations Act 1979 (WA), Occupational Safety and Health Act, 1984 (WA) Result : Minute issued Representation: Applicant : Mr C Fogliani Respondent : Mr R. Farrell (of counsel) 536 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 92 W.A.I.G. Case(s) referred to in reasons: Ellis v The Grand Lodge of W A of Ancient Free and Accepted Masons Incorporated (1998) 79 WAIG 1736 IPA Manufacturing Pty Ltd v Industrial Pyrometers [2001] SASC 224 Reasons for Decision 1 The substantive proceedings in this application relate to a s 44 claim by The Australian Rail, Tram and Bus Industry Union of Employees, West Australian Branch (the applicant union) and the Public Transport Authority (the respondent). Specifically, the applicant union's claim relates to the poor standard of risk assessments conducted by the respondent. The substantive claim was filed on 16 January 2012. Following a series of conciliation conferences the