WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION FULL BENCH CITATION : 2007 WAIRC 00555 CORAM : THE HONOURABLE M T RITTER, ACTING PRESIDENT COMMISSIONER P E SCOTT COMMISSIONER S WOOD HEARD : WEDNESDAY, 28 MARCH 2007 DELIVERED : TUESDAY, 26 JUNE 2007 FILE NO. : FBM 1 OF 2007 BETWEEN : THE REGISTRAR Applicant AND LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH Respondent 87 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1227 CatchWords: Industrial Law (WA) - Conference listed pursuant to s84A(4)(b) of the Industrial Relations Act 1979 (WA) (as amended) - Letter requesting dismissal of action received from applicant's solicitor - Application dismissed Legislation: Industrial Relations Act 1979 (WA) (as amended), s16, s84A(4)(b) Result: Application dismissed Representation: Counsel: Applicant :Mr D Matthews (of Counsel), by leave Respondent :Mr D Schapper (of Counsel), by leave Reasons for Decision RITTER AP: 1 This application has a considerable history as recorded in the reasons of the Full Bench on 25 January 2007 ((2007) 87 WAIG 126) and 6 June 2007 (2007 WAIRC 00502). 2 After the latter reasons for decision were published the Chief Commissioner acting under s16 of the Industrial Relations Act 1979 (WA) (“the Act”) altered the constitution of the Full Bench so that Wood C was allocated to be a member of the Full Bench in his place. 3 The application was listed for a conference under s84A(4)(b) of the Act to take place on 27 June 2007 at 2.15pm. 4 On 21 June 2007 my associate received a letter of the same date from Mr Damian Matthews of the State Solicitor’s Office, the applicant’s solicitor. The letter said:- “I refer to the above matter and to the conference listed for 27 June 2007. I am instructed that the Applicant in the above matter now seeks leave to have the application dismissed without hearing. The Applicant has considered all of the circumstances of the matter, including the reasons for decision delivered in The Registrar v Liquor, Hospitality and Miscellaneous Union, Western Australian Branch 2007 WAIRC 00502. Significant to the Registrar’s decision to seek leave is that the industrial activity which gave rise to the application has now ceased and it is not considered to be in the public interest to further pursue the matter. The Respondent to the application has been consulted and has no objection to leave being granted. No question of costs arises so far as the parties are concerned. Although the parties do not seek for it to occur, should the Full Bench intend to convene to consider the matter the parties will, of course, attend before it.” 5 In these circumstances there is no need to convene on 27 June 2007 and it is appropriate in my opinion to simply issue an order that the application is dismissed. SCOTT C: 6 I have had the benefit of reading the reasons for decision of the Hon Acting President. I agree with those reasons, and have nothing to add. WOOD C: 7 I have had the benefit of reading the Reasons for Decision of His Honour the Acting President. I agree with those reasons and have nothing to add. 1228 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 87 W.A.I.G. 2007 WAIRC 00554