WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES LAURA MCCARD APPLICANT -v- PARNNGURR COMMUNITY SCHOOL ABORIGINAL CORPORATION RESPONDENT CORAM COMMISSIONER S M MAYMAN DATE THURSDAY, 16 DECEMBER 2010 FILE NO/S U 160 OF 2010 CITATION NO. 2010 WAIRC 01228 Result Directions issued Representation Applicant Mr K Trainer (as agent) Respondent Mr R Eagle (of counsel) 104 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 91 W.A.I.G. Order WHEREAS this matter was listed for a Directions hearing on 9 December 2010; AND WHEREAS having considered it necessary to give directions for the expeditious and just hearing and determination of this matter; AND WHEREAS having heard from Mr K Trainer (as agent) on behalf of the applicant and Mr R Eagle (of counsel) on behalf of the respondent; NOW THEREFORE the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, and with the consent of the parties, hereby directs; 1. That discovery is to be informal. Agent for the applicant and counsel for the respondent are to provide a list of discoverable documents to the other by close of business on 17 December 2010. 2. That the respondent is to submit an amended notice of answer and counter proposal to the Commission, with a copy to the applicant, by close of business on 17 December 2010. 3. That there be liberty to apply on short notice. (Sgd.) S M MAYMAN, [L.S.] Commissioner. INDUSTRIAL AGREEMENTS—Notation of— Agreement Name/Number Date of Registration Parties Commissioner Result Australian Workers' Union (Western Australian Public Sector) General Agreement 2010 AG 33/2010 23/12/2010 Director General of the Department of Agriculture and Food, the Director General of Environment and Conservation, the Director General of the Department of Education, the Chief Executive Officer of th (Not applicable) Commissioner S M Mayman Agreement registered Botanic Gardens and Parks Authority (Operations) General Agreement 2010 AG 30/2010 10/12/2010 Botanic Gardens and Parks Authority The Western Australian Municipal, Road Boards, parks and Racecourse Employees' Union of Workers, Perth Commissioner S M Mayman Agreement registered Combined Metal Industries Agreement November 2010 AG 29/2010 20/12/2010 Combined Metal Industries AND The Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union of Workers - Western Australian Branch (Not applicable) Commissioner S M Mayman Agreement registered Metropolitan Cemeteries Board (Western Australian) Cemetery Employees Enterprise Agreement 2010 AG 31/2010 10/12/2010 Metropolitan Cemeteries Board The Western Australian Municipal, Road Boards, Parks and Racecourse Employees' Union of Workers, Perth Commissioner S M Mayman Agreement registered 91 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 105 Agreement Name/Number Date of Registration Parties Commissioner Result WA Health Engineering and Building Services Industrial Agreement 2010 AG 32/2010 17/12/2010 The Minister for Health in his incorporated capacity under s.7 of the Hospitals and Health Services Act 1927 (WA) as the Hospitals formerly comprised in the Metropolitan Health Service Board, the Peel Construction, Forestry, Mining and Energy Union (WA Branch), Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers (WA Branch), Communications, Electrical, Electronic Commissioner S M Mayman Agreement registered Zoological Parks Authority (Operations) Agreement 2010 AG 34/2010 23/12/2010 Zoological Parks Authority Liquor, Hospitality and Miscellaneous Union, Western Australian Branch Commissioner S M Mayman Agreement registered RECLASSIFICATION APPEALS—Notation of— File Number Appellant Respondent Commissioner Decision Finalisation Date PSA 21/2008 Mark Harold Higham Director General of Health as delegate of the Minister for Health in his incorporated capacity under s7 of the Hospital and Health Services Act 1927 as the Metropolitan Health Service Scott A/SC Dismissed 17/11/2010 PSA 37/2008 Amanda Morgan Royal Perth Hospital Scott A/SC Dismissed 3/11/2010 PSA 38/2008 Sally Vindedzis Director General of Health as delegate of the Minister for Health in his incorporated capacity under s7 of the Hospital and Health Services Act 1927 as the Metropolitan Health Service Scott A/SC Dismissed 3/11/2010 106 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 91 W.A.I.G. OCCUPATIONAL SAFETY AND HEALTH ACT—Matters Dealt With— 2010 WAIRC 01263 REFERRAL OF DISPUTE RE ENTITLEMENTS TO PAY AND OTHER BENEFITS THE OCCUPATIONAL SAFETY AND HEALTH TRIBUNAL PARTIES CHRIS BEASLEY APPLICANT -v- HITACHI PLANT TECHNOLOGIES LTD RESPONDENT CORAM COMMISSIONER S M MAYMAN DATE WEDNESDAY, 29 DECEMBER 2010 FILE NO/S OSHT 5 OF 2010 CITATION NO. 2010 WAIRC 01263 Result Order issued Representation Applicant Mr S Millman (of counsel) Respondent Mr J Blackburn and Ms L Gibbs (both of counsel) Order WHEREAS this is an application pursuant to s 28(2) of the Occupational Safety and Health Act 1984; AND WHEREAS the Tribunal convened conferences on 17 February 2010 and 18 March 2010 for the purpose of conciliation between the parties; AND WHEREAS there was an agreement that the application was to be dismissed by consent; NOW THEREFORE, I the undersigned, pursuant to the powers conferred under the Occupational Safety and Health Act 1984, hereby order – THAT this application be, and is hereby dismissed. (Sgd.) S M MAYMAN, [L.S.] Commissioner. 2010 WAIRC 01265 REFERRAL OF DISPUTE RE ENTITLEMENTS TO PAY AND OTHER BENEFITS THE OCCUPATIONAL SAFETY AND HEALTH TRIBUNAL PARTIES PATRICIA BOYLE APPLICANT -v- HITACHI PLANT TECHNOLOGIES RESPONDENT CORAM COMMISSIONER S M MAYMAN DATE WEDNESDAY 29 DECEMBER 2010 FILE NO/S OSHT 85 OF 2010 CITATION NO. 2010 WAIRC 01265 Result Order issued Representation Applicant Mr S Millman (of counsel) Respondent Mr J Blackburn and Ms L Gibbs (both of counsel) 91 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 107 Order WHEREAS this is an application pursuant to s 28(2) of the Occupational Safety and Health Act 1984; AND WHEREAS the Tribunal convened conferences on 17 February 2010 and 18 March 2010 for the purpose of conciliation between the parties; AND WHEREAS there was an agreement that the application was to be dismissed by consent; NOW THEREFORE, I the undersigned, pursuant to the powers conferred under the Occupational Safety and Health Act 1984, hereby order – THAT this application be, and is hereby dismissed. (Sgd.) S M MAYMAN, [L.S.] Commissioner. 2010 WAIRC 01233 REFERRAL OF DISPUTE RE ENTITLEMENT TO PAY AND OTHER BENEFITS THE OCCUPATIONAL SAFETY AND HEALTH TRIBUNAL PARTIES MATTHEW DEMPSEY APPLICANT -v- ELECTRICAL CONSTRUCTION AND MAINTENANCE AUSTRALIA PTY LTD RESPONDENT CORAM COMMISSIONER S M MAYMAN DATE MONDAY, 20 DECEMBER 2010 FILE NO/S OSHT 4 OF 2009 CITATION NO. 2010 WAIRC 01233 Result Order issued Representation Applicant Mr T Kucera (of counsel) Respondent Mr J Blackburn and Ms L Gibbs (both of counsel) Order WHEREAS this is an application pursuant to s 28(2) of the Occupational Safety and Health Act 1984; AND WHEREAS on 5 May 2009 the Occupational Safety and Health Tribunal (the Tribunal) convened a conference for the purpose of conciliating between the parties; AND WHEREAS no agreement was able to be reached and the conference was adjourned for inspections and a further conference to take place on site at the respondent’s premises in Collie; AND WHEREAS inspections followed by a conference on site was held on 6 May 2009; AND WHEREAS a further conference was held on 14 May 2009; AND WHEREAS a hearing regarding preliminary issues was held on 27 May 2009; AND WHEREAS at that hearing the respondent raised the jurisdiction of the Tribunal to deal with the claim; AND WHEREAS on 2 June 2009 the Tribunal issued directions listing the matter for a jurisdictional hearing on 29 June 2009; AND WHEREAS a further directions hearing was held on 25 June 2009; AND WHEREAS a jurisdictional hearing was held on 30 June 2009; AND WHEREAS on 17 August 2009 the Tribunal issued a declaration dismissing the jurisdictional challenge; AND WHEREAS a hearing regarding preliminary issues was held on 17 August 2009; AND WHEREAS a directions hearing was held on 25 August 2009; AND WHEREAS the Tribunal issued directions listing the substantive matter for hearing on 26-29 October 2009 in Collie and 17– 20 November 2009 in Perth; AND WHEREAS a hearing was held on 26-29 October 2009 in Collie and 17–19 November 2009 in Perth; AND WHEREAS on 19 November 2009 the hearing, with the consent of the parties, was adjourned; 108 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 91 W.A.I.G. AND WHEREAS the Tribunal convened conferences on 19 November 2009, 17 February 2010 and 18 March 2010 for the purpose of conciliation between the parties; AND WHEREAS there was an agreement that the application was to be dismissed by consent; NOW THEREFORE, I the undersigned, pursuant to the powers conferred under the Occupational Safety and Health Act 1984, hereby order – THAT this application be, and is hereby dismissed. (Sgd.) S M MAYMAN, [L.S.] Commissioner. 2010 WAIRC 01235 REFERRAL OF DISPUTE RE ENTITLEMENTS TO PAY AND OTHER BENEFITS THE OCCUPATIONAL SAFETY AND HEALTH TRIBUNAL PARTIES MATTHEW GIBBS APPLICANT -v- HITACHI PLANT TECHNOLOGIES LTD RESPONDENT CORAM COMMISSIONER S M MAYMAN DATE MONDAY, 20 DECEMBER 2010 FILE NO/S OSHT 2 OF 2009 CITATION NO. 2010 WAIRC 01235 Result Order issued Representation Applicant Mr T Kucera (of counsel) Respondent Mr J Blackburn and Ms L Gibbs (both of counsel) Order WHEREAS this is an application pursuant to s 28(2) of the Occupational Safety and Health Act 1984; AND WHEREAS on 5 May 2009 the Occupational Safety and Health Tribunal (the Tribunal) convened a conference for the purpose of conciliating between the parties; AND WHEREAS no agreement was able to be reached and the conference was adjourned for inspections and a further conference to take place on site at the respondent’s premises in Collie; AND WHEREAS inspections followed by a conference on site was held on 6 May 2009; AND WHEREAS a further conference was held on 14 May 2009; AND WHEREAS a hearing regarding preliminary issues was held on 27 May 2009; AND WHEREAS at that hearing the respondent raised the jurisdiction of the Tribunal to deal with the claim; AND WHEREAS on 2 June 2009 the Tribunal issued directions listing the matter for a jurisdictional hearing on 29 June 2009; AND WHEREAS a further directions hearing was held on 25 June 2009; AND WHEREAS a jurisdictional hearing was held on 30 June 2009; AND WHEREAS on 17 August 2009 the Tribunal issued a declaration dismissing the jurisdictional challenge; AND WHEREAS a hearing regarding preliminary issues was held on 17 August 2009; AND WHEREAS a directions hearing was held on 25 August 2009; AND WHEREAS the Tribunal issued directions listing the substantive matter for hearing on 26-29 October 2009 in Collie and 17– 20 November 2009 in Perth; AND WHEREAS a hearing was held on 26-29 October 2009 in Collie and 17–19 November 2009 in Perth; AND WHEREAS on 19 November 2009 the hearing, with the consent of the parties, was adjourned; AND WHEREAS the Tribunal convened conferences on 19 November 2009, 17 February 2010 and 18 March 2010 for the purpose of conciliation between the parties; 91 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 109 AND WHEREAS there was an agreement that the application was to be dismissed by consent; NOW THEREFORE, I the undersigned, pursuant to the powers conferred under the Occupational Safety and Health Act 1984, hereby order – THAT this application be, and is hereby dismissed. (Sgd.) S M MAYMAN, [L.S.] Commissioner. 2010 WAIRC 01234 REFERRAL OF DISPUTE RE ENTITLEMENTS TO PAY AND OTHER BENEFITS THE OCCUPATIONAL SAFETY AND HEALTH TRIBUNAL PARTIES COLIN JONES APPLICANT -v- HITACHI PLANT TECHNOLOGIES LTD RESPONDENT CORAM COMMISSIONER S M MAYMAN DATE MONDAY, 20 DECEMBER 2010 FILE NO/S OSHT 27 OF 2009 CITATION NO. 2010 WAIRC 01234 Result Order issued Representation Applicant Mr T Kucera (of counsel) Respondent Mr J Blackburn and Ms L Gibbs (both of counsel) Order WHEREAS this is an application pursuant to s 28(2) of the Occupational Safety and Health Act 1984; AND WHEREAS a hearing was held on 26-29 October 2009 in Collie and 17–19 November 2009 in Perth; AND WHEREAS on 19 November 2009 the hearing, with the consent of the parties, was adjourned; AND WHEREAS the Tribunal convened conferences on 19 November 2009, 17 February 2010 and 18 March 2010 for the purpose of conciliation between the parties; AND WHEREAS there was an agreement that the application was to be dismissed by consent; NOW THEREFORE, I the undersigned, pursuant to the powers conferred under the Occupational Safety and Health Act 1984, hereby order – THAT this application be, and is hereby dismissed. (Sgd.) S M MAYMAN, [L.S.] Commissioner. 2010 WAIRC 01236 REFERRAL OF DISPUTE RE ENTITLEMENT TO PAY AND OTHER BENEFITS THE OCCUPATIONAL SAFETY AND HEALTH TRIBUNAL PARTIES DEAN LLOYD APPLICANT -v- K & K ELECTRICAL PTY LTD RESPONDENT CORAM COMMISSIONER S M MAYMAN DATE MONDAY, 20 DECEMBER 2010 FILE NO/S OSHT 6 OF 2009 CITATION NO. 2010 WAIRC 01236 110 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 91 W.A.I.G. Result Order issued Representation Applicant Mr T Kucera (of counsel) Respondent Mr J Blackburn and Ms L Gibbs (both of counsel) Order WHEREAS this is an application pursuant to s 28(2) of the Occupational Safety and Health Act 1984; AND WHEREAS on 5 May 2009 the Occupational Safety and Health Tribunal (the Tribunal) convened a conference for the purpose of conciliating between the parties; AND WHEREAS no agreement was able to be reached and the conference was adjourned for inspections and a further conference to take place on site at the respondent’s premises in Collie; AND WHEREAS inspections followed by a conference on site was held on 6 May 2009; AND WHEREAS a further conference was held on 14 May 2009; AND WHEREAS a hearing regarding preliminary issues was held on 27 May 2009; AND WHEREAS at that hearing the respondent raised the jurisdiction of the Tribunal to deal with the claim; AND WHEREAS on 2 June 2009 the Tribunal issued directions listing the matter for a jurisdictional hearing on 29 June 2009; AND WHEREAS a further directions hearing was held on 25 June 2009; AND WHEREAS a jurisdictional hearing was held on 30 June 2009; AND WHEREAS on 17 August 2009 the Tribunal issued a declaration dismissing the jurisdictional challenge; AND WHEREAS a hearing regarding preliminary issues was held on 17 August 2009; AND WHEREAS a directions hearing was held on 25 August 2009; AND WHEREAS the Tribunal issued directions listing the substantive matter for hearing on 26-29 October 2009 in Collie and 17– 20 November 2009 in Perth; AND WHEREAS a hearing was held on 26-29 October 2009 in Collie and 17–19 November 2009 in Perth; AND WHEREAS on 19 November 2009 the hearing, with the consent of the parties, was adjourned; AND WHEREAS the Tribunal convened conferences on 19 November 2009, 17 February 2010 and 18 March 2010 for the purpose of conciliation between the parties; AND WHEREAS there was an agreement that the application was to be dismissed by consent; NOW THEREFORE, I the undersigned, pursuant to the powers conferred under the Occupational Safety and Health Act 1984, hereby order – THAT this application be, and is hereby dismissed. (Sgd.) S M MAYMAN, [L.S.] Commissioner. 2010 WAIRC 01266 REFERRAL OF DISPUTE RE ENTITLEMENTS TO PAY AND OTHER BENEFITS THE OCCUPATIONAL SAFETY AND HEALTH TRIBUNAL PARTIES ELIZABETH PRENDERGAST APPLICANT -v- HITACHI PLANT TECHNOLOGIES LTD RESPONDENT CORAM COMMISSIONER S M MAYMAN DATE WEDNESDAY, 29 DECEMBER 2010 FILE NO/S OSHT 100 OF 2010 CITATION NO. 2010 WAIRC 01266 91 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 111 Result Order issued Representation Applicant Mr S Millman (of counsel) Respondent Mr J Blackburn and Ms L Gibbs (both of counsel) Order WHEREAS this is an application pursuant to s 28(2) of the Occupational Safety and Health Act 1984; AND WHEREAS the Tribunal convened conferences on 17 February 2010 and 18 March 2010 for the purpose of conciliation between the parties; AND WHEREAS there was an agreement that the application was to be dismissed by consent; NOW THEREFORE, I the undersigned, pursuant to the powers conferred under the Occupational Safety and Health Act 1984, hereby order – THAT this application be, and is hereby dismissed. (Sgd.) S M MAYMAN, [L.S.] Commissioner. 2010 WAIRC 01264 REFERRAL OF DISPUTE RE ENTITLEMENTS TO PAY AND OTHER BENEFITS THE OCCUPATIONAL SAFETY AND HEALTH TRIBUNAL PARTIES BEN SMITH APPLICANT -v- JOHN HOLLAND PTY LTD RESPONDENT CORAM COMMISSIONER S M MAYMAN DATE WEDNESDAY, 29 DECEMBER 2010 FILE NO/S OSHT 32 OF 2010 CITATION NO. 2010 WAIRC 01264 Result Order issued Representation Applicant Mr S Millman (of counsel) Respondent Mr J Blackburn and Ms L Gibbs (both of counsel) Order WHEREAS this is an application pursuant to s 28(2) of the Occupational Safety and Health Act 1984; AND WHEREAS the Tribunal convened conferences on 17 February 2010 and 18 March 2010 for the purpose of conciliation between the parties; AND WHEREAS there was an agreement that the application was to be dismissed by consent; NOW THEREFORE, I the undersigned, pursuant to the powers conferred under the Occupational Safety and Health Act 1984, hereby order – THAT this application be, and is hereby dismissed. (Sgd.) S M MAYMAN, [L.S.] Commissioner. 112 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 91 W.A.I.G. ROAD FREIGHT TRANSPORT INDUSTRY TRIBUNAL—Matters Dealt With— 2011 WAIRC 00001 REFERRAL OF DISPUTE RE PAYMENT OF A CLAIM IN THE