DISPUTE RE TERMINATION OF EMPLOYMENT OF UNION MEMBER WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES The State School Teachers’ Union of W.A. (Inc.) APPLICANT -v- Director General, Department of Education RESPONDENT CORAM Commissioner T B Walkington DATE MONday, 9 May 2022 FILE NO. CR 33 OF 2021 CITATION NO. 2022 WAIRC 00195 Result Direction issued Representation Applicant Mr D Rafferty (of counsel) Respondent Mr R Andretich (of counsel) Direction WHEREAS on 4 November 2021 the applicant filed an application for a compulsory conference pursuant to s 44 of the Industrial Relations Act 1979 (WA) (IR Act) relating to the respondent’s dismissal of the applicant’s member; AND WHEREAS a compulsory conference was held on 8 December 2021; AND WHEREAS the compulsory conference did not result in any settlement of the application between the parties; AND WHEREAS the parties conferred and on 14 April 2022 submitted a draft memorandum of the matters requiring hearing and determination for the purpose of s 44(9) and r 31 of the Industrial Relations Commission Regulations 2005 (WA); AND WHEREAS no party objects to Commissioner T B Walkington hearing and determining the application for the purpose of s 44(11) of the IR Act; AND WHEREAS on 29 April 2022 this matter was referred for hearing and determination; NOW THEREFORE having heard from Mr D Rafferty of counsel on behalf of the applicant and Mr R Andretich of counsel on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA), hereby directs, by consent: 1. THAT by no later than 63 days before the hearing, the respondent is to give informal discovery by serving its list of documents in accordance with r 20 of the Industrial Relations Commission Regulations 2005; 2. THAT by no later than 49 days before hearing, the inspection of documents is to be completed; 3. THAT by no later than 42 days before hearing, the applicant is to file any statement of agreed facts; 4. THAT evidence in chief in the matter be adduced by way of signed witness statements which will stand as the evidence in chief of the maker. Evidence in chief other than that contained in the witness statements may only be adduced by agreement between the parties or by leave of the Commission; 5. THAT by no later than 35 days before the hearing, the applicant is to file and serve any documents and witness statements upon which it intends to rely; 6. THAT by no later than 21 days before the hearing, the respondent is to file and serve any documents and witness statements upon which it intends to rely; 7. THAT by no later than 14 days before the hearing, the applicant is to file and serve a written outline of submissions and a list of legislation and authorities relied upon; 8. THAT by no later than 7 days before the hearing, the respondent is to file and serve a written outline of submissions and a list of legislation and authorities relied upon; 9. THAT the matter be listed for hearing for two days on the first available date convenient to the Commission and the parties on or after 91 days after the date of this Direction; and 10. THAT the parties have liberty to apply on short notice. Commissioner T B Walkington